Bombay HC Orders Medical Examination Of Man In Vegetative State, Maintains Status Quo On Properties

Mumbai: The Bombay High Court has directed the Dean of Sir JJ Hospital to constitute a medical board to examine a man said to be in a vegetative state, following a plea filed by his wife seeking to be appointed as his legal guardian. Meanwhile, the court has directed that status quo be maintained with regard to his properties, till the next date of hearing.

A bench of Justices Revati Mohite-Dere and Neela Gokhale, on April 9, directed that the man be examined at his home considering that he is fed through tubes and is not in a condition to be brought to the hospital for examination.

Advocate Kaushal Tamhane, appearing for the woman, submitted that her husband is bedridden and undergoing treatment at home. He relied on a discharge certificate annexed to the plea which states that the man has been diagnosed with “Acute Hypoxia with Severe Bronchitis and Hypernatremia”. Tamhane informed the court that the patient is being fed through tubes and is not in a condition to be brought to JJ Hospital for examination.

Taking note of the situation, the bench directed, “We request the Dean of Sir JJ Hospital to constitute a Medical Board consisting of doctors including a neurologist to examine the man at his residence and submit a report with respect to his medical condition.

Additional government pleader Vishal Thadani has been asked to communicate the order to the Dean to ensure compliance. The court further directed that the Medical Board shall submit its report before the next hearing, which is scheduled on April 22, 2025.

“Status-quo to be maintained in respect of the properties standing in the name of the Respondent No.5 (man),” the bench added. The court issued notice to the respondents Union of India Through the Ministry of Law and Justice, State government and others.