Bombay High Court seeks response from Centre, State on PIL for mechanism to enforce living wills

The Bombay High Court on Friday sought replies from the Central and State governments and the Brihanmumbai Municipal Corporation (BMC) on a public interest litigation (PIL) petition seeking a mechanism to recognize living wills [Prof. Dr. Nikhil D Datar & Anr. v. State of Maharashtra & Ors.]..A division bench of Chief Justice Devendra Kumar Upadhyaya and Justice Arif Doctor directed the Central government, State government and BMC to file their replies to the PIL and posted the case for hearing after six weeks. A living will/ advance directive is a document which persons with deteriorating health or the terminally ill can execute in advance, whereby such a person can choose not to remain in a vegetative state with life support system if he/she goes into a state when it will not be possible for them to express their wishes. This document could then be presented to a hospital for appropriate action in the event the executant’s health worsens.A living will spells out the medical treatments that one would prefer to keep oneself alive, along with preferences of medical decisions like pain management or organ donation..The petition pointed out that the Supreme Court had passed an order on January 24 last year directing the creation of a mechanism to ensure that citizens who execute Advanced Medical Directives (AMD) or living wills can die with dignity.The petitioner contended that there is a duty cast upon the local governments to appoint competent officers as custodians of such living wills..The petition filed by doctor Nikhil Datar stated that in the absence of a custodian, living wills executed by citizens will not have the sanctity of law."Despite the judgment being delivered in 2018, absence of mechanism (custodians) has kept many citizens away from exercising their fundamental right uphed by the Supreme Court. Majority of the citizens who have executed the AMD already are or in future will be senior citizens. Thus there is an absolute urgency in this matter," the petition stated..The petitioner, therefore, prayed for appointment of custodian for BMC.The petitioner also sought directions to the State Public Health Department to ensure registered medical practitioners nominated by Chief Medical Officer of District is created.The PIL also sought directions to respondent to create awareness amongst the general public as well as hospitals and doctors so that citizens who have executed living wills do not face hardships.