Friday 9 March 2018

Supreme Court of India allows 'living wills' for terminally ill

The Supreme Court of India today, the March 9, 2018 delivered a landmark judgement, which allowed the  individuals to draw up "living wills". The implication of this is 'passive euthanasia' is permitted, with which it is now possible to withdraw medical treatment to hasten a person's death. However, the court also made it clear that this can be done only as per the strict guidelines are adhered to.


                                                      Image source: Getty Image

A living will sets out a patient's wishes in regard to how they want to be treated if they are terminally ill.

The Judges while delivering the judgement had observed that the right to die was a fundamental right and an advance directive by a person in the form of a living will could be approved by the courts.

Passive euthanasia: What it means?

When a patient dies because the doctors either do or do not carryout something to keep a patient alive or stop something that would keep them alive. They might include:
  • switching off life-support machines
  • disconnecting a feeding tube
  • not carrying out a life-extending operation
  • not administering life-extending drugs      
The moot point to consider is that how would the courts could guarantee 'living wills' were not drafted through coercive manes!

No comments:

Post a Comment