Uttarakhand High Court Orders Medical Board for Coma Patient Guardianship Case
In a significant legal development, the Uttarakhand High Court has intervened in a sensitive guardianship matter involving a man in a coma, issuing directives for a comprehensive medical assessment. The case, heard by a single bench of Justice Pankaj Purohit, centers on a plea filed by the patient's wife, seeking formal guardianship over her incapacitated husband.
Wife's Plea and Legal Precedent
Chandra Devi, a 50-year-old resident of Pithoragarh, approached the court with a heartfelt application concerning her husband, Mohan Ram, who has been in a coma and is currently receiving medical treatment while living in a rented accommodation in Dehradun. Her legal counsel strategically relied on the landmark February 2019 Kerala High Court judgment in Shobha Gopalakrishnan & Ors vs State of Kerala & Ors, which established clear guidelines for handling similar guardianship cases involving individuals in vegetative states or comas.
Court's Directive for Medical Evaluation
After thorough examination of the submissions, the high court noted a consensus between both parties on the necessity of forming a medical board as per the established guidelines. Consequently, Justice Purohit issued a directive ordering the Chief Medical Officer of Dehradun, in consultation with the Director of Medical Health for the Garhwal Region, to constitute a specialized medical board. This board must include a neurologist among its members to conduct a detailed examination of Mohan Ram, the petitioner's husband, who remains in a coma in Dehradun.
The court has mandated that the medical board submit its comprehensive report within a strict timeframe of two weeks. This report is expected to provide critical insights into the patient's medical condition, which will be pivotal in determining the guardianship issue.
Additional Investigations and Future Proceedings
In a parallel move to gather all relevant information, the court also directed the Tehsildar of Pithoragarh to submit a detailed report within two weeks. This report must encompass essential details such as the names of close relatives of both the petitioner and her husband, an assessment of their financial condition, and other pertinent aspects that could influence the guardianship decision.
The matter has been officially listed for further hearing on February 25, where the court will review the submitted reports and proceed with the legal deliberations. This case underscores the judiciary's proactive role in addressing complex personal and medical legal issues, ensuring that due process is followed while prioritizing the welfare of vulnerable individuals.
Key Takeaways:
- The Uttarakhand High Court has ordered the formation of a medical board to examine a coma patient in Dehradun.
- The plea was filed by the patient's wife, Chandra Devi, citing the 2019 Kerala High Court guidelines.
- Reports from both the medical board and the Tehsildar are due within two weeks, with the next hearing scheduled for February 25.
