In India, ‘living wills’ follows the jurisprudence of advance directives, which finds its root in American jurisprudence. Specific procedure have to be followed for Advance Directives to be implemented.
The Black’s Law Dictionary defines an advance medical directive as, “a legal document explaining one’s wishes about medical treatment if one becomes incompetent or unable to communicate”.
A living will, on the other hand, is a document prescribing a person’s wishes regarding the medical treatment the person would want if he was unable to share his wishes with the health care provider.
Legality of living wills
In India, ‘living wills’ follows the jurisprudence of advance directives, which finds its root in American jurisprudence. Specific procedure have to be followed for Advance Directives to be implemented. The Black’s Law Dictionary defines an advance medical directive as, “a legal document explaining one’s wishes about medical treatment if one becomes incompetent or unable to communicate”.
The Supreme Court, in Common Cause (A Regd. Society) vs Union Of India held that right to die with dignity is a fundamental right enshrined in Article 21 of the Constitution. This judgment paved the way for the grant of passive euthanasia which is also described as Physician Assisted Suicide (PAS). The Supreme Court held that passive euthanasia is permissible under law.
The passive euthanasia is different from the active euthanasia because the former does not require an overt act. The intention of the person as to how to go about his/her treatment may be gauged through the Advance Directives that a person is entitled to execute through a procedure laid down in this judgment. Elaborate procedural guidelines regarding the same have been laid down.
Who can execute the Advance Directive and how?
What should the Advance Directive Contain?
Conclusions
The concept living will has found a place in Indian legislation through judicial activism in lieu with worldwide practice. The concept evolves just like the Vishakha Guidelines through which women were given protection in the workplace and through living wills, the person’s right to die with dignity has been recognized. It is an important step and would be the law of land until the legislature explicitly brings about its own.