Allahabad HC Demands Coma Patient Bank Account Guidelines

• The Allahabad High Court has urged the Centre and RBI to establish guidelines for dependants to access bank accounts of coma patients.
• The court emphasized the urgent need for funds to cover medical and household expenses for affected families, noting dependants are often left remediless.
• This directive follows previous observations in Uma Mittal v. Union of India and was prompted by the case of Parveen Jahan v. State of U.P.
• High-ranking officials, including the Uttar Pradesh Chief Secretary, face potential personal appearances if concrete solutions are not presented by the next hearing.
• The court suggested considering Kerala High Court guidelines as a potential model for state-level implementation regarding incapacitated patient funds.

The Allahabad High Court's persistent pressure for comprehensive Allahabad HC coma patient bank account guidelines signals a significant development for financial institutions and legal practitioners across India.

The Allahabad High Court has recently intensified its demand for clear directives from both the Central government and the Reserve Bank of India (RBI) regarding access to bank accounts of individuals in a coma. Justices Ajit Kumar and Garima Prashad, presiding over a case, highlighted the critical predicament faced by dependants who are often left without financial resources to manage both the patient's medical expenses and essential household costs. The court underscored that in such dire circumstances, families become "absolutely remediless" when unable to access necessary funds.

This pressing issue came to the forefront during proceedings for Smt. Parveen Jahan v. State of U.P. and Another. The court was informed by the petitioner's counsel that the account holder, who had been in a coma, tragically passed away on the very day of the hearing. This unfortunate event served to amplify the urgency of establishing a robust mechanism for dependants to access funds, preventing similar situations where families are financially stranded during a medical crisis. The court explicitly stated that the matter warrants "emergent action" from the relevant authorities.

The recent directive from the Allahabad High Court is not an isolated instance but builds upon previous judicial observations. The petitioner in the Parveen Jahan case also pointed out the Centre's failure to adhere to earlier observations made by the Allahabad High Court in Uma Mittal & Others v. Union of India & Others, a case from 2020. The court itself acknowledged that it had reiterated the directions from the Uma Mittal case in an order dated August 11, 2026. Furthermore, the court had previously summoned the Chief Secretary of Uttar Pradesh on September 29, 2026, instructing him to provide an affidavit detailing the steps taken to comply with these earlier directives.

The Chief Secretary had requested additional time, explaining that developing a solution would necessitate a "prolonged exercise" to secure appropriate legislation. However, the court has now demanded that the Chief Secretary present "concrete steps taken at the state level" by the next hearing. A stern warning was issued, stating that if a "concrete and substantial" solution is not presented in writing, the Chief Secretary would be required to appear in person. Similar warnings were extended to responsible officers from the Centre and the RBI, indicating they could be summoned if their respective affidavits outlining proposals or existing RBI guidelines for incapacitated patient funds are not filed. The court also suggested that state governments could consider implementing guidelines established by the Kerala High Court in Shobha Gopalakrishnan v. State of Kerala, which were referenced in the Uma Mittal judgment.

The Allahabad High Court's persistent pressure for comprehensive Allahabad HC coma patient bank account guidelines signals a significant development for financial institutions and legal practitioners across India. The court's insistence on either new legislation or specific RBI guidelines for incapacitated patient funds highlights a critical gap in the current regulatory framework concerning access funds incapacitated India. This judicial push could lead to the formulation of clear, standardized procedures that financial entities must follow when dependants seek to access accounts of individuals in a coma.

For banks, this could translate into new compliance requirements and operational protocols for verifying claims and releasing funds, potentially impacting their existing policies for handling such sensitive situations. The court's firm stance, culminating in the threat of summoning high-ranking officials, underscores the seriousness with which this issue is being treated. While the court clarified that the petitioner in the Parveen Jahan case could pursue succession for the deceased's funds rather than immediate bank release, the broader implications for future cases involving living coma patients remain substantial. The matter is scheduled for further hearing on November 6, 2026, indicating that this issue will continue to be a focus of judicial scrutiny until a satisfactory resolution is achieved.

Lawyers and compliance officers should monitor the development of new guidelines from the Centre and RBI regarding access to bank accounts of coma patients, as the Allahabad High Court is exerting significant pressure for their creation. This could lead to new compliance requirements for financial institutions and provide clearer legal avenues for families of incapacitated individuals, potentially impacting estate planning and financial management advice.

Source: Original reporting via legal news outlet