Case Note & Summary
The Bandra Holy Family Hospital Society and the Bandra Holy Family Hospital filed a writ petition challenging an order of the Senior Citizen Tribunal, Bandra, which directed the hospital to hand over custody of Mrs. Mohini Puri, a 76-year-old patient, to her son Amit Puri (Respondent No.3). The hospital had been treating Mrs. Puri since she was admitted in a critical condition, and due to lack of family support, the hospital acted as a temporary guardian on Good Samaritan basis. The hospital contended that the Tribunal lacked jurisdiction to pass such an order as the patient was undergoing medical treatment and was not in a position to be moved. The State of Maharashtra supported the hospital's position. The court examined the provisions of the Maintenance and Welfare of Parents and Senior Citizens Act, 2007 and held that the Tribunal's order was beyond its jurisdiction. The court emphasized that the right to life includes the right to receive medical treatment, and the hospital's role as a temporary guardian was in the best interest of the patient. The court quashed the Tribunal's order and directed the hospital to continue treatment until Mrs. Puri is medically fit, with police protection to ensure her safety. The court also directed the police to investigate any allegations of ill-treatment by the son.
Headnote
A) Jurisdiction of Senior Citizen Tribunal - Custody Orders - The Senior Citizen Tribunal under the Maintenance and Welfare of Parents and Senior Citizens Act, 2007 does not have the power to direct a hospital to hand over custody of a patient who is undergoing medical treatment and is incapacitated. The Tribunal's order was quashed as it exceeded its jurisdiction. (Paras 1-10) B) Good Samaritan Principle - Temporary Guardianship - A hospital acting as a temporary guardian on Good Samaritan basis for an elderly patient without family support is permissible and in the best interest of the patient. The hospital's role is to ensure medical care and protection of the patient's life. (Paras 5-12) C) Right to Life - Medical Treatment - The right to life under Article 21 of the Constitution includes the right to receive medical treatment. The court directed the hospital to continue treatment and not to discharge the patient until she is medically fit, and the police to ensure her safety. (Paras 8-15)
Issue of Consideration
Whether the Senior Citizen Tribunal has jurisdiction to pass an order directing a hospital to hand over custody of a patient undergoing medical treatment, and whether the hospital can act as a temporary guardian on Good Samaritan basis.
Final Decision
The court quashed the order of the Senior Citizen Tribunal and directed the hospital to continue treatment of Mrs. Mohini Puri until she is medically fit. The police were directed to ensure her safety and investigate any allegations of ill-treatment by the son.
Law Points
- Jurisdiction of Senior Citizen Tribunal
- Good Samaritan principle
- Temporary guardianship
- Right to life
- Medical treatment of incapacitated patient
- Custody orders
- Maintenance and Welfare of Parents and Senior Citizens Act
- 2007
