Supreme Court upholds right to death with dignity
PASSIVE SUPPORT Permits drawing up of a ‘living will’ for the terminally ill NEWDELHI:Individuals
have a right to die with dignity, the Supreme Court said on Friday in a landmark verdict that permits the removal of life-support systems for the terminally ill or those in incurable comas.
The court also permitted individuals to decide against artificial life support, should the need arise, by creating a “living will”.
Passive euthanasia, as it is called, will apply only to a terminally ill person with no hope of recovery, a panel of five judges said. Active euthanasia, by administering a lethal injection, continues to be illegal in India.
When the sanctity of life is destroyed, the panel headed by Chief Justice Dipak Misra said, “Should we not allow them to cross the door and meet death with dignity? For some, even their death could be a moment of celebration.”
The bench has attached strict conditions for executing “a living will that was made by a person in his normal state of health and mind”.
It also laid down guidelines on who would execute the will and how a nod for passive euthanasia would be granted by a medical board set up to determine and carry out any “advance directive”. In cases, where there is no “advance directive”, the patient’s family member or next of friend can approach a high court to seek passive euthanasia.
The bench, also comprising justices AK Sikri, AM Khanwilkar, DY Chandrachud and Ashok Bhushan, said its guidelines and directives shall remain in force till a legislation is brought to deal with the issue.
A living will is a written document that allows a patient to give explicit instructions in advance about the medical treatment to be administered when they are terminally ill or no longer able to express informed consent. And under passive euthanasia, medical treatment is withdrawn with the deliberate intention to hasten the death of a terminally-ill patient.
A national debate over the legalisation of euthanasia was sparked off by the death in 2015 of a 66-year-old nurse, Aruna Shanbaug,who had survived in a coma for more than 40 years after she was sexually assaulted.
“This is an important, historic decision, which clears the air,” said supreme court lawyer Prashant Bhushan, who had filed a petition in the Supreme Court on behalf of NGO Common Cause, WHAT IS A LIVING WILL? Living wills or advance directives are instruments through which a person can express her wish at a time when they are capable of making an informed decision, regarding their medical treatment in the future when they may lose such a capacity
WHO CAN MAKE A
LIVING WILL?
The person must be an adult of a sound and healthy mind and in a position to communicate, relate and comprehend the purpose and consequences of executing the document. The document must be voluntarily written and clearly state the conditions under which medical treatment may be withdrawn SOME ESSENTIAL ELEMENTS
Instructions must be clear and unambiguous.
A living will should mention that the executor may revoke the instructions/authority at any time
It should specify a guardian or close relative who, in the event the executor becomes incapable of decision at the relevant time, would be authorised to give consent to refuse or withdraw medical treatment
IF THE MEDICAL BOARD REFUSES PERMISSION
It would be open to the executor of the Advance Directive or his family members or even the treating doctor or hospital staff to approach the high court.