The Bombay High Court has disposed of a Public Interest Litigation (PIL) that was filed to ensure the implementation of a mechanism for enforcing 'living wills', after observing that the State of Maharashtra has already taken steps in line with the Supreme Court’s directions on the matter.
The PIL was moved by Mumbai-based gynaecologist Dr. Nikhil D. Datar along with two professors. The petitioners were seeking enforcement of the Supreme Court's 2023 judgment, which had streamlined the legal process for passive euthanasia by introducing clear guidelines on how living wills, also known as Advance Medical Directives (AMD), should be implemented.
A living will is a legal document where a person can express their medical treatment preferences for situations in which they may no longer be able to communicate their decisions, such as in cases of terminal illness or medical emergencies. The Supreme Court, in its ruling, had directed all states to put in place a strong and reliable system to ensure that living wills could be easily created and enforced when needed.
During the hearing, the Government Pleader informed the High Court that the Maharashtra government has complied with the Supreme Court’s directions. It was submitted that the State, through a Government Resolution (GR) issued on December 12, 2024, had constituted Primary and Secondary Medical Boards in line with the Supreme Court’s mandate.
As per the guidelines set by the Apex Court, the Primary Medical Board must be formed with the treating physician and at least two subject experts from the concerned medical specialty, all of whom must have at least five years of experience. This board is expected to form its initial opinion within 48 hours after a case is referred to it. Once the Primary Medical Board gives its consent, the hospital must immediately form a Secondary Medical Board. This second board will include a registered medical practitioner nominated by the district's Chief Medical Officer along with at least two more subject experts with five years of experience, who were not part of the Primary Board. The Secondary Board must also give its opinion within 48 hours.
The Government Pleader further stated that competent officials have already been appointed as custodians for these medical directives and that a mechanism for quick and efficient retrieval of these documents is being developed, which is expected to be ready within three months.
Taking note of these submissions, the division bench led by Chief Justice Alok Aradhe and Justice MS Karnik decided to dispose of the PIL.
The Court stated, "If any of the Supreme Court's directives are not complied with, the State government is under an obligation to comply with the same."
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The High Court also directed the State government to ensure full compliance with the Supreme Court’s directions within a period of four months.
Additionally, the Court granted the petitioners the liberty to approach the appropriate State authorities to raise any grievances regarding the non-implementation of the Supreme Court’s judgment. The petitioners were also allowed to challenge the Government Resolution, if
Case Title: Prof Dr. Nikhil D. Datar vs. State Of Maharashtra (PIL/3/2024)
