The Supreme Court, which earlier legalised passive euthanasia, has now come out strongly in favour of legalising living wills.
The government, on the other hand, is hesitant to allow making living will, on the ground of possibility of misuse.
What are the provisions of the proposed bill?
Direction - The medical practitioner is supposed to inform the patient of all treatment options and continue to provide care.
It is to be noted that the bill allows a patient (aged 16 or more) with terminal illness to decide whether to continue life support treatment or not.
And the direction issued in this regard is binding on the medical practitioner attending, provided he/she is convinced that the patient is competent and the decision is an informed one.
Living Will - Notably, the bill does not allow a legally competent person to take the same decision well in advance i.e. making a living will.
The Bill declares advance medical directives and medical power-of-attorney as void and not binding on the attending medical practitioners.
Hence, complications arise when a patient cannot make a competent decision in case of being in a coma or mentally challenged.
In such cases, a doctor, hospital or relative should have to approach a court to withhold treatment.
The court will appoint a panel that would dispose of the matter in a month.
Significantly, this delay in procedure is a cause of concern, as there are situations where survival would not be possible.
It could be painful for the family and the patient to wait until a decision comes.
How can legislation help in this regard?
In the Aruna Shanbaug case, the Supreme Court permitted passive euthanasia and laid down comprehensive guidelines.
However, there are no proper legislations on this, prescribing legal provisions.
So in the absence of legislation, doctors find it difficult to counsel the family members and fear the possible medico-legal consequences.
Therefore, with a proper Living Will law in place, doctors can handle such cases easier.
Also, hospitals can be expected to have a uniform policy with regard to such cases.
Quick Fact
Aruna Shanbaug case
Aruna Shanbaug is an Indian nurse who spent around 40 years in a vegetative state as a result of a sexual assault.
The Supreme Court responded to the plea for euthanasia filed by a journalist, by setting up a medical panel to examine her.
In 2011, the Supreme Court, in a landmark judgement, issued a set of broad guidelines legalizing passive euthanasia in India.
However, given the social, legal, medical and constitutional complexities involved, it becomes essential to have a clear enunciation of law.
