HC asks state, BMC to reply to gynaecologist’s plea on living will

Bombay HC asks state govt and BMC if mechanism has been set up for execution of living wills, as ordered by SC, in PIL filed by Dr Nikhil Datar.

The Bombay high court on Friday wanted to know from the state government and the Brihanmumbai Municipal Corporation (BMC) if they had set up a mechanism to enable people to execute a living will, which was ordered by the Supreme Court in January last year.

Mumbai, India - December 22, 2022: Dr. Nikhil Datar and Dr. Smita Datar pose for the photos at Yashada Maternity and Nursing Home, Goregaon, in Mumbai, India, on Thursday, December 22, 2022. (Photo by Satish Bate/ Hindustan Times) (Satish Bate/HT PHOTO)

The court was hearing a public interest litigation (PIL) petition filed by Dr Nikhil Datar, who had sought its intervention to enforce the top court’s directive that mandates the local government to appoint a custodian. Dr. Datar, a city gynaecologist, is the first to make such a will.

A division bench of Chief Justice D K Upadhyay and Justice Arif Doctor has asked the authorities to file their replies and posted the PIL for hearing after six weeks.

A living will, a written legal document, provides instructions for medical care or termination of medical support, detailing preferences for healthcare decisions when an individual is incapacitated.

In his petition, Dr Datar has stated that following the Supreme Court order, he notarised his living will on February 23, 2023. In the absence of an established mechanism for safe keeping of his living will, he sent a copy to the municipal commissioner, seeking the appointment of a custodian.

He said, as he did not receive any response, he sent a reminder to the civic chief in July 2023. Additionally, he filed a query under the Right to Information Act but received a communication that his letter had been forwarded to the law officer and the executive health officer. Dissatisfied, he approached HC.

In his plea, Dr Datar highlighted the apathy of the authorities toward the matter. “Despite the judgment being delivered in 2023, the absence of a mechanism has kept many citizens away from exercising their fundamental rights upheld by the Supreme Court,” he said.

Apart from his plea for the appointment of a custodian, he urged the court to direct the state government and local bodies to create awareness among the public, healthcare professionals, and other stakeholders.