In a historic decision, the Supreme Court on Friday declared passive euthanasia and the right of persons, including the terminally ill, to give advance directives to refuse medical treatment permissible.
A Constitution Bench, led by Chief Justice of India Dipak Misra, in three concurring opinions, upheld that the fundamental right to life and dignity includes right to refuse treatment and die with dignity.
But what is a Living Will?
A Living Will is a healthcare directive, in which people can state their wishes for their end-of-life care, in case they are not in a position to make that decision.
Who can make a Living Will?
An adult with a sound and healthy mind. It should be voluntarily executed and based on informed consent.
It should be expressed in specific terms in a language “absolutely clear and unambiguous”.
What it should contain?
The circumstances in which medical treatment should be withheld or withdrawn
It should specify that the Will can be revoked any time
It should give the name of the “guardian or close relative” who will give the go-ahead for starting the procedure of passive euthanasia
If there are more than one Living Will, the latest one will be valid.
How to preserve it?
The Will shall be attested by two independent witnesses and preferrably counter-signed by the Judicial Magistrate First Class (JMFC) assigned the jurisdiction by the District Court.
The JMFC shall preserve one hard copy, along with one in the digital format, in his office.
JMFC shall forward a copy of the Will to the Registry of the District Court
JMFC shall inform the immediate family of the executor, if not informed.
A copy will be handed over to an official in the local government or municipal corporation or municipality or panchayat concerned. This authority shall nominate a custodian for the Living Will.
