LUBINA MOHAMED AGARWAL Vs. UNION OF INDIA

JUDGEMENT

(1.) By this order we propose to make certain interim provisions. We do not think it is either necessary or advisable to make a final order on the Petition, for reasons that will be self-evident from the rest of this order.

(2.) The two Petitioners are sisters. They are the daughters of one Kamar Sultana Mohamed, today about 84 years old. Kamar is presently in a hospice that provides specialized care. This is the Jagruti Rehabilitation Centre, Navi Mumbai. The Petitioners' father, Moideen Mohamed, died on 13/7/2015. The Petitioners' brother, Laike Mantori, is not a party to this Petition. He is 60 years old, and lives in London UK. He has in writing consented to the relief sought by the Petitioners in the present Petition. That consent is at page 68 of the paper book.

(3.) Kamar has been diagnosed with and is suffering from dementia. She requires continuous medical supervision. After considerable thought and deliberation, on 19/2/2019, Kamar was admitted to the Jagruti Rehabilitation Centre. It has a dedicated wing for dementia care. In addition, arrangements were made to employ a personal caregiver from an agency called Arogya Healthcare. That caregiver looks after Kamar exclusively 24 hours. Kamar is today in such a condition that she needs assistance for every daily routine activity. She cannot make cogent decisions by herself and can do nothing on her own.