The Allahabad High Court has sought responses from the Central Government and the Reserve Bank of India (RBI) on the absence of a clear mechanism for releasing money from the bank accounts of patients who remain in a coma. The court highlighted the financial difficulties faced by dependants who need funds for hospital expenses and household necessities.
The matter arose in a petition filed by Smt. Parveen Jahan. Her counsel informed the court that the account holder, who had been in a coma, had died. The petitioner submitted that the directions issued in Uma Mittal & Others v. Union of India & Others (2020 SCC OnLine All 777) had not been implemented.
The court noted that it had previously sought an affidavit from the Uttar Pradesh Chief Secretary regarding compliance with its earlier directions. The Chief Secretary had requested additional time, citing the need for legislation through the competent legislature.
A bench comprising Justice Ajit Kumar and Justice Garima Prashad expressed concern over the financial hardship faced by families when a patient remains in a coma and their funds are inaccessible.
The court observed,
“It is indeed a matter of concern that a person who passes in state of Coma, the dependents become absolutely remediless in a sense that they do not have necessary fund and source of finances and to not only take care of the patient by meeting the expenses of the hospital but even to manage the house holds.”
The bench then highlighted the need for a mechanism to allow dependants to access money lying in the patient's savings account. It observed,
“Some sort of legislation from the competent legislature or even the guidelines necessary from the Reserve Bank of India regulating the nationalized bank and subsidiary banks to the nationalized banks for providing necessary mechanism as to how the money lying in the savings bank account of such patients can be released in favour of the dependents.”
The court said the Central Government and the Reserve Bank of India must file affidavits explaining whether proposals or guidelines exist to address such situations. It also directed the Uttar Pradesh Chief Secretary to present concrete steps taken to resolve the issue, warning that personal appearance could be required if no substantial solution was presented.
The High Court directed the petitioner to implead the Union of India and RBI as respondents. It clarified that the petitioner could meanwhile apply for succession to obtain the deceased account holder's savings.
Notice was ordered to the RBI, and the matter was listed for November 6, 2026.
Case Title: Smt. Parveen Jahan v. State of U.P. and Another
Case Number: Writ-C No. 27492 of 2026
