Something went wrong with the connection!

SC says terminally-ill persons have choice to write living will to end life

SC says terminally-ill persons have choice to write living will to end life
March 09
11:42 2018

NEW DELHI: In a landmark judgment, the Supreme Court today recognized that a terminally-ill patient can write a ‘living will’ that permits doctors to withdraw life support, saying a person with no will to live shouldn’t suffer in a comatose state.

A five-judge constitution bench headed by Chief Justice of India (CJI) Dipak Misra said passive euthanasia and advance living will are “permissible”.

The bench, also comprising justices A K Sikri, A M Khanwilkar, D Y Chandrachud and Ashok Bhushan also laid down guidelines as to who would execute the will and how the nod for passive euthanasia would be granted by the medical board.

The apex court said that advance directives for terminally-ill patients could be issued and executed by the next friend and relatives of such a person after which a medical board would consider it.

The top court said that the directions and guidelines laid down by it shall remain in force till a legislation is brought on the issue.

The CJI, while reading out the judgment, said that though there were four separate opinions of the bench but all the judges were unanimous that the ‘living will’ should be permitted since a person cannot be allowed to continue suffering in a comatose state when he or she doesn’t wish to live.

The top court had in 2011 recognized passive euthanasia in the Aruna Shanbaug case by which it had permitted withdrawal of life-sustaining treatment from patients not in a position to make an informed decision.

The bench was hearing a PIL filed by NGO Common Cause, saying safeguards were needed while taking a decision by medical boards to withdraw life support of a terminally-ill patient.

On January 15, 2016, the Centre had said the 241st report of the Law Commission stated that passive euthanasia should be allowed with certain safeguards and there was also a proposed law – Medical Treatment of Terminally Ill Patient (Protection of Patients and Medical Practitioners) Bill, 2006.-PTI

Comments

comments

Related Articles

IMPORTANT

Please disable your ad blocker to view this site at it’s best, we do not display spam advertisements (Popups & full Page Ads) or any explicit material.
Advertisements serve as a minor source of income for maintaining the website.
Thanks

Advertisement

Epaper

Follow us on twiter



Polls

Can radical Muslims be made to introspect?

  • Yes (50%, 4 Votes)
  • No (50%, 4 Votes)

Total Voters: 8

Loading ... Loading ...


E-paper

Epaper

POPULAR CATEGORIES

Subscribe To Our Mailing List


Your e-mail will be secure with us. We will not share your information with anyone !

Enter your email address:

other subscribing options

Like us on Facebook !

Download Media Kit