SC's Verdict on Passive Euthanasia and Living Will

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Why in news?

A Constitution Bench has made passive euthanasia and living will permissible.

A dignified death should follow a meaningful existence

What is SC's rationale?

• Right to Die - The Supreme Court has upheld that the fundamental right to life and dignity includes right to refuse treatment and die with dignity.
• It observed that the fundamental right to a "meaningful existence" includes a person's choice to die without suffering.
• But it is held that active euthanasia was unlawful.
• Dignified death - Lack of legal backing sometimes lead to suffering and undignified death of the patient.
• As, societal pressure and fear of criminal liability by relatives and medical doctors hamper them from making the needed decision.
• Religion, morality, philosophy, law and society have differing opinions on whether right to life included right to death or not.
• However, they all unanimously share the idea that a person should die with dignity.
• Individual Liberty - The issue of death and when to die transcended the boundaries of law.
• But the court had intervened because the sanctity of life included the dignity and autonomy of the individual.
• The search for a meaningful existence, the pursuit of happiness included the exercise of free will which includes the right of a person to refuse medical treatment.
• A person need not give any reasons nor is answerable to any authority on why he/she should write an advanced directive.

What are SC's guidelines on living will?

• A Living Will is a healthcare directive, in which people can state their wishes in advance for their end-of-life care, in case they are not in a position to make a decision then.
• Who - An adult with a sound and healthy mind can make a Living Will.
• It should be voluntarily executed and based on informed consent.
• It should be expressed in specific terms in a language “absolutely clear and unambiguous”.
• Content - The Living Will should contain the circumstances in which medical treatment should be withheld or withdrawn.
• It should give the name of the “guardian or close relative” who will give the go-ahead for starting the procedure of passive euthanasia.
• It should specify that the Will can be revoked any time.
• An individual has the right to withdraw or alter the Living Will, but only in writing.
• So, if there are more than one Living Will, the latest one will be valid.
• Validity - The Will shall be attested by two independent witnesses.
• It should preferably be counter-signed by the Judicial Magistrate First Class (JMFC) who is assigned the jurisdiction by the District Court.
• JFMC - The JMFC shall preserve one hard copy, along with one in the digital format, in his/her 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.
• Besides the guidelines, it was observed that modern medical science should balance its quest to prolong patient's life.
• Exception - The court held that a Living Will shall not be applicable to the 'treatment in question'.
• This is when there are reasonable grounds for believing that circumstances exist which the person did not anticipate at the time of making the advance directive.
• And necessarily which would have affected his/her decision had he/she anticipated such circumstances.

Source: The Hindu

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.
• In 2011, the Supreme Court, in a landmark judgement, issued a set of broad guidelines legalizing passive euthanasia in India.
• However, the present judgement observed that the previous judgement had complex procedure to get approval for passive euthanasia.
• This consequently made the dignity of a dying person dependent on the whims and will of third parties.
• The present judgement, allowing individual Living Will and framing the appropriate guidelines, has addressed the earlier shortfalls with taking forward passive euthanasia.