Families of patients in a face an acute financial crisis, often finding themselves effectively locked out of the very resources needed for essential medical treatment and daily survival. Addressing this significant systemic hurdle, the has initiated a formal process to compel the and the to establish clear, accessible guidelines for navigating these tragic circumstances. The bench, presided over by Justice Ajit Kumar and Justice Garima Prashad, has expressed deep concern regarding the "" status of dependants, who currently lack the legal tools to manage household expenses or mounting hospital bills when their primary breadwinner falls into a vegetative state.
The court’s directive follows a petition filed by Parveen Jahan, whose case highlights the broader, often hidden struggle of citizens dealing with incapacitated family members. As the legal proceedings unfold, the Court has made it clear that the current regulatory landscape is insufficient, forcing families to navigate complex
that may be too slow or expensive to address immediate, life-critical requirements. The court observed,
"It is indeed a matter of concern that a person who passes in state of Coma, the dependents become absolutely
in a sense that they do not have necessary fund and source of finances and to not only take care of the patient by meeting the expenses of the hospital but even to manage the house holds."
Navigating Financial Hurdles for Families in Crisis
For many families, a coma diagnosis triggers an immediate shift into financial instability. Without a legal mechanism to withdraw funds from a patient’s sole savings account, spouses and children are frequently forced to seek loans or delay urgent care. The is now questioning whether nationalized banks can continue to operate without a standardized, humanitarian protocol for such cases. By seeking responses from the and the RBI, the court is pushing for a shift from rigid procedural adherence to a more empathetic, regulatory-backed approach.
The bench has directed the to appear through the Secretary of the Ministry of Finance, and the RBI through its Executive Director of Banking Regulation. These entities must now provide detailed regarding any existing or proposed guidelines that could enable the timely release of funds to dependants. This request comes as a direct challenge to the current institutional inertia, which often prioritizes account security over the immediate survival of the account holder's family. The court’s focus remains on establishing a "concrete and substantial" mechanism that can be applied uniformly across the banking sector.
Legislative Inaction and the Call for Regulatory Clarity
The Court’s intervention is deeply rooted in the need for a that bridges the gap between succession law and emergency medical necessity. Referring to earlier precedents, the bench recalled its own observations in , where the court had previously urged the Central Government to enact legislation for the appointment of for patients in a vegetative state. The persistent absence of such legislation has left families vulnerable, a reality the court is no longer willing to ignore.
"In the circumstances, therefore, some sort of legislation from the competent legislature or even the guidelines necessary from the Reserve Bank of India regulating the nationalized bank and subsidiary banks to the nationalized banks for providing necessary mechanism as to how the money lying in the savings bank account of such patients can be released in favour of the dependents,"
the court emphasized. By framing the issue as one requiring urgent action, the bench is signaling that if the legislature remains passive, the regulatory bodies—specifically the RBI—must step in to fill the void. The court believes that even in the absence of a comprehensive national statute, specialized banking guidelines could provide a temporary yet effective remedy for families trapped in these circumstances.
Ensuring Accountability Through State-Level Solutions
In addition to federal intervention, the Court is looking toward the Uttar Pradesh State Government to provide localized relief. The bench has suggested that state authorities consider adopting guidelines similar to those established by the in , which provide a roadmap for managing the affairs of incapacitated individuals. The Chief Secretary of Uttar Pradesh has been directed to appear before the court with a concrete strategy at the state level to assist these families.
The court has sent a clear warning regarding the seriousness of this issue. It has cautioned that if the responsible officers from the RBI fail to file the requested , the court will not hesitate to summon them personally to provide explanations for the delay. Similarly, the Chief Secretary of Uttar Pradesh faces the prospect of a personal appearance if he fails to present a viable, actionable solution during the next hearing.
While the court has allowed the petitioner in the current case the liberty to pursue traditional succession channels to access the deceased’s savings, it recognized that this process is far too slow to serve as a meaningful remedy for those in active medical distress. By keeping the matter alive through a series of scheduled hearings, the bench aims to maintain constant pressure on both state and central stakeholders. The case is currently listed for further hearing on , a date by which the court expects to see substantial progress in the formulation of guidelines that will finally allow dependants to access the essential funds needed to provide care for their loved ones. Until then, the legal focus remains firmly on compelling the authorities to acknowledge and rectify this systemic omission in the banking sector.
comatose patient bank access - dependent financial relief - banking regulatory gaps - institutional guardianship mandates
