High Court slams Maharashtra for delaying execution of order on living wills
High Court slams Maharashtra for delaying execution of order on living wills
The Bombay High Court on Thursday expressed disappointment over the Maharashtra government's alleged lackadaisical approach in setting up proper mechanism for implementing a Supreme Court order on Living Wills or Advance Medical Directives (AMD).
The bench of Chief Justice DK Upadhyaya and Justice Amit Borkar lamented that it was unfortunate people had to come to the High Court to implement orders of the Apex Court.
The court was hearing a plea filed by Mumbai resident Nikhil Datar, seeking the establishment of a system where people can make living wills and ensure they are executed when the time arrives. A living will is a legal document that lets you express your wishes about medical care in case you are ever unable to make decisions for yourself.Â
A government pleader, representing the state, submitted an affidavit stating that the Maharashtra government had appointed 417 custodians across the state to safely keep the living wills of citizens in their areas.
However, Datar pointed out that in the months since filing the petition, he had received many calls from people anxious about how these provisions would work on the ground.
The petitioner informed the court that he had made a living will and handed it over to a government-appointed custodian in his ward in Mumbai. However, it was found that the custodian had not received any instructions about the safe storage, in either physical or digital format, of the living will, and that there was no prescribed mechanism for the quick retrieval of these documents, Datar noted.
According to the state's affidavit, the Urban Development Authority has appointed custodians and necessary directions were passed to local bodies in February.
However, the complainant called it gross negligence and pointed out that key steps, like setting up a secondary medical board, had not been completed. He emphasised that without the secondary board, the living will cannot be executed.
Following Datar's submission and after reviewing the state's affidavit, Chief Justice Upadhyaya said, "It is unfortunate that a person has to file a petition to comply with directions of the Supreme Court. Why can't you have a permanent secondary board? Every doctor is registered. You nominate one permanent doctor? Why can't you do this?"
The bench directed the government counsel to apprise the state authorities about Datar's arguments and file their response within two weeks.
The court also issued notices to the National Medical Commission and the Union Ministry of Health and Family Welfare.
The bench will further hear the petition on July 18.
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