In a historic judgment, the Supreme Court Of India(SCI) on Friday March 09,2018 allowed passive euthanasia, saying that human beings have the right to die with dignity.
Permitting passive euthanasia, the SCI said that it will be permissible with guidelines.
The SCI said that a person can decide when to give up the life support system and added that it has laid down guidelines on who would execute the will and how a nod for passive euthanasia would be granted by the medical board.
It said that its guidelines and directives shall remain in force till a legislation is brought to deal with the issue.
The order was passed by a five-judge Constitution bench of the Supreme Court, headed by Chief Justice of India Dipak Misra. The CJI said that other members of the five-judge Constitution bench have concurred on the guidelines and directives passed by it.
It was observed in court that when a medical expert suggests that a person afflicted with a terminal disease has no hope for recovery, he should be given the right to refuse being put on life support system to not prolong the agony of the patient
The SCI had in 2017 said that the right to die in peace could not be separated from Right to Life under Article 21 of the Constitution. An NGO Common Cause had moved the top court way back in 2005 seeking right to make a living will, authorising the withdrawal of life support system in the event of will makers reaching irreversible vegetative state.
The central government had in the course of hearing of the matter by a five-judge Constitution Bench told the top court that passive euthanasia was the law of the land with safeguards by virtue of an earlier 2014 judgement of the top court in Aruna Shanbaug case.
The SCI by its order on March 7, 2014, in Aruna Shanbaug case had permitted passive euthanasia under certain circumstances, provided it was backed by the permission of the high court.
The Centre had also told the Constitution Bench that a draft bill permitting passive euthanasia with necessary safeguards was already before it for consideration. However, the Centre had opposed permitting a living will both on the grounds of "principle and practicality" as it expressed apprehension of its possible misuse.
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
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