What are Advance Medical Directives? Discuss the pros and cons of legalising it.
Refer - The Indian Express
IAS Parliament 7 years
KEY POINTS
Advance Medical Directives (or) Living Will
· It refers to an advance written directive of the concerned person to physicians for end-of-life medical care (i.e.) not to provide life support.
· The Supreme Court has indicated that it may lay down comprehensive guidelines on operationalizing the idea of living wills.
· However, the Union government has opposed the concept of an advance directive and opposes permitting people to make a ‘living will’.
Pros
· Allowing it would acknowledge the patient’s autonomy and self-determination to the point of legalizing a wish to die.
· Allowing it would relieve the close family members, of a terminally ill patient, of the moral burden of making a life-ending decision.
· A living will would also rule out the possibility of doubting the life terminating decision as a murder.
· In India, where most medical expenses are out of pocket, such directives may ease the financial strain on the incurable patient’s family due to mounting medical bills.
Cons
· An earlier verdict from the judiciary has noted that right to life under Article 21 does not include the right to die.
· Allowing making a living will would contravene this legal stand.
· There are chances of misusing the provision and leading to the abuse and neglect of the elderly, particularly in countries with large socioeconomic inequalities and a high rate of illiteracy.
· It may be hard to translate the words of the living will into actual medical action.
Suggestions
· Given the mixed benefits, living will could be provided for with the necessary safeguards.
· The guidelines should ensure that it was really the will of the concerned person.
· Also, an independent medical board can examine the health of the person to establish the validity of the decision.
