Passive Euthanasia legalised by Supreme Court

• Supreme Court delivered a landmark judgment allowing “living will” where, an adult in his conscious mind, is permitted to refuse medical treatment or voluntarily decide not to take medical treatment to embrace death in a natural way.
• About Judgement:
• The court stated the rights of a patient would not fall out of the purview of Article 21 (right to life and liberty) of the Indian Constitution.
• Supreme court has defined advance medical directive. In case where an individual may not be in a position to specify his wishes, an advance medical directive can be pursued by the individual exercising his autonomy on the subject of the extent of medical intervention that he wishes to allow upon his own body at a future date.
• Advance medical directive: The purpose and object of advance medical directive is to express the choice of a person regarding medical treatment in an event when he loses the capacity to take a decision. The right to execute an advance medical directive is nothing but a step towards protection of aforesaid right by an individual.

Who can execute the advance directive and how?

• The advance medical directive can only be executed by an adult who is of a sound and healthy state of mind and in a position to communicate, relate and comprehend the purpose and consequences of executing the document.
• It must be voluntarily executed and without any coercion or inducement or compulsion and after having full knowledge or information. Consent of the individual is necessary and it shall be in writing “stating as to when medical treatment may be withdrawn or no specific medical treatment shall be given which will only have the effect of delaying the process of death that may otherwise cause him/her pain, anguish and suffering and further put him/her in a state of indignity.”

What should the written document contain?

• It should clearly indicate the decision relating to the circumstances in which withholding or withdrawal of medical treatment can be resorted to. Specific terms should be mentioned and instructions must be absolutely clear and unambiguous. It should have a clause stating that the executor may revoke the instructions/authority at any time.
• The document should further disclose that the executor has understood the consequences of executing such a document. Name of a guardian or a close relative should be specified in the event where the executor becomes incapable of taking a decision. The said guardian or close relative will be authorized to give consent to refuse or withdraw medical treatment in a manner consistent with the Advance Directive.