Allahabad High Court Calls For Law Or RBI Guidelines To Allow Comatose Patients' Dependents Access To Bank Funds

The Allahabad High Court recently observed that legislation or Reserve Bank of India (RBI) guidelines are needed to establish a mechanism for releasing money lying in the savings bank accounts of comatose patients to their dependents. Such a mechanism would help families meet hospital expenses and manage household needs.

A division bench of Justice Ajit Kumar and Justice Garima Prashad observed:

“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 added, “The Central Government, therefore, has to come up with its stand on the issue in black and white. We also need Reserve Bank of India to give its response on the above issue.”

The court directed the Central Government and the RBI to file separate affidavits. They must state what proposals they have to address such situations and whether they have framed any guidelines for the purpose.

The bench was hearing a petition filed by Parveen Jahan. Her counsel submitted that the account holder, who had been in a coma, had died.

Counsel contended that the Central Government had not acted on the observations made by the High Court in Uma Mittal & Others v. Union of India & Others, 2020 SCC OnLine All 777.

The Court expressed concern over the financial difficulties faced by dependents when a person remains in a coma.

The bench observed:“It is indeed a matter of concern that a person who passes in state of Coma, the dependents become absolutely remediless 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.”

The court also asked the Uttar Pradesh Government to consider implementing the guidelines laid down by the Kerala High Court in Shobha Gopalakrishnan v. State of Kerala, 2019. Those guidelines were referred to in paragraph 28 of the judgment in Uma Mittal.

The court asked the Chief Secretary to come up with concrete and substantial steps to resolve the problem. It said he must provide a solution in writing.

The court warned that the Chief Secretary would have to appear in person at the next hearing if he failed to do so.

The bench reiterated that the Centre and the RBI must file their respective affidavits. It warned that failure to do so would compel it to summon responsible officials from both.

Meanwhile, the court clarified that Jahan could apply for succession to secure the release of the money lying in the deceased's savings bank account.

The matter has been posted for further consideration on November 6, 2026.

For Petitioner: Advocate Raj Kumar Dhama

For Respondents: Advocates Parshuram Chaubey, CSC, Satish Chaturvedi and Vivek Kumar Singh