Girish Trimbak Gokhale vs Union of India

Having heard learned counsel for the petitioner, we find no justification whatsoever to entertain the instant petition, filed under Article 32 of the Constitution of India, seeking the following prayers:

"(a) Issue an appropriate writ, order or direction under Article 32 of the Constitution of India, 1950 declaring that any person, in a mental capacity to make decisions, has the right to choose or even refuse any kind of medical treatment, which right cannot be curtailed by any health care provider;

(b) Frame appropriate guidelines for exercising of the patient''s rights to autonomy under Article 32 read with Article 142 of the Constitution of India, 1950 and issue a Writ of Mandamus directing such guidelines shall be enforced by all health care providers until such time appropriate legislation covering this field is put in place;

(c) Pass such other orders and further orders as may be deemed necessary on the facts and circumstances of the case."

However, keeping in view the importance and sensitivity of the matter, we consider it just and appropriate to allow the petitioner to furnish a copy of the instant petition to the Secretary, Ministry of Health and Family Welfare, so as to enable the concerned Ministry to take an independent decision, and in case it considers appropriate, to make appropriate recommendations.

The writ petition is disposed of, in the above terms.