Bombay HC Disposes PIL Seeking Implementation Of Mechanism For Enforcing Living Wills Upon Noting State's Compliance With SC Directives

The Bombay High Court has disposed of a PIL that sought directions to ensure compliance with a Supreme Court order regarding a mechanism for enforcing 'living wills', taking into account the State government's submission that it has taken steps to comply with the Apex Court's directions. 

The PIL sought the proper implementation of the Supreme Court's directives on passive euthanasia in Common Cause v. Union of India (2023 LiveLaw (SC) 79). The PIl filed by a Mumbai-based gynaecologist along with two other professors sought enforcement of the Apex Court's 2023 order, which streamlined the procedure for passive euthanasia.

The Supreme Court's directions included the creation of a robust mechanism for citizens to complete living wills, also known as Advance Medical Directives (AMD). A living will is a legal document in which a person specifies their preferences for medical treatment in scenarios where they may be unable to communicate their wishes, such as during terminal illness or medical emergencies.

Today, during the hearing, the Government Pleader (GP) told the Court that the State government, through a Government Resolution (GR) dated 12 December 2024, has constituted Primary and Secondary Medical Board in compliance with the SC order. 

For context, as per the SC guidelines, a primary medical board, consisting of the treating physician and at least two subject experts of the concerned specialty with at least five years' experience, will be constituted. This board will form a preliminary opinion preferably within 48 hours of the case being referred to it. After the primary medical board gives its sanction, the hospital will immediately constitute a secondary medical board comprising a registered medical practitioner nominated by the chief medical officer of the district and at least two subject experts with at least five years' experience in the concerned speciality who were not part of the primary medical board. This board will provide its opinion preferably within 48 hours of the case being referred to it.

The GP further stated that competent officials have been appointed as custodians of medical directives. She submitted that the mechanism for quick retrieval of documents would be put in place within 3 months. 

Considering the State's submissions, a division bench of Chief Justice Alok Aradhe and Justice MS Karnik deemed it fit to dispose of the petition.

The Court stated that if any of the Supreme Court's directives are not complied with, the State government is under an obligation to comply with the same. It directed the State government to comply with the Supreme Court's directions within 4 months. 

It also granted liberty to the petitioners to challenge the GR and further submit any grievance to the State authorities on the non-implementation of the Supreme Court order. 

Case Title: Prof Dr. Nikhil D. Datar vs. State Of Maharashtra (PIL/3/2024)  

Citation: 2025 LiveLaw (Bom) 146

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