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Datar suggested that applications such as Digilocker, created by the Ministry of Information Technology, could offer a mechanism to store important documents while confirming their authenticity for quick retrieval.
The Bombay High Court has sought a response from the Central Government, State Government, and the Brihanmumbai Municipal Corporation (BMC) in a Public Interest Litigation filed by Dr. Nikhil D. Datar to create a mechanism to recognize living wills.
A living will is an advance healthcare directive documented to communicate a patient's healthcare preferences, such as the use of ventilator machines or life-sustaining equipment, in situations where the patient is unable to convey their wishes to the medical staff.
The division bench Bombay High Court, led by Chief Justice Devendra Upadhyaya and Justice Arif Doctor, has given the State, Central Government, and BMC a six-week period to file their responses.
Dr. Nikhil Datar, a gynaecologist who appeared in person before the court, highlighted the absence of an authority designated to act as the custodian of living wills despite the Supreme Court's 2018 judgment.
Datar also emphasized that a majority of those who have executed Advanced Medical Directives (AMD) are senior citizens.
“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. Some of them are already terminally ill. Despite the judgment being delivered in 2018, absence of mechanism (custodians) has kept many citizens away from exercising their fundamental right upheld by the Hon'ble Supreme Court. Thus, there is an absolute urgency in this matter.” Datar stated.
Datar's plea emphasized that the Supreme Court had acknowledged the possibility of digitizing the will. He suggested that applications such as Digilocker, created by the Ministry of Information Technology, could offer a mechanism to store important documents while confirming their authenticity for quick retrieval.
Datar's plea stated that it was the responsibility of local authorities to appoint officers to act as custodians of these wills.
The PIL further called for creating awareness among the general public who have executed living wills to prevent hardships in the process.
Case title: Dr Nikhil D Datar & Anr vs State of Maharashtra & Ors
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