SC allows ‘living will’ of terminally ill persons




New Delhi, March 09, 2018 (TMC Desk) The Supreme Court on Friday said that a person can make an advance “living will” authorising the withdrawal of all life support system if in the opinion of doctor he has reached an irreversible stage of terminal illness.

While allowing a person to make a living will, a five judge Constitution Bench headed by Chief Justice Dipak Misra, however, attached strict conditions for executing “a living will that was made by a person in his normal state of health and mind”.

The bench laid down guidelines on who would execute the will and how nod for passive euthanasia would be granted by the medical board.

Recognising “right to die with dignity”, the court permitted a person to draft in advance a “living will” in case she/he slips into an incurable condition.

The court said the life support can be removed only after the statutory medical board declares patient to be incurable.

The bench also comprising Justice A.K.Sikri, Justice A.M. Khanwilkar, Justice D.Y. Chandrachud and Justice Ashok Bhushan said that its guidelines and directives shall remain in force till a legislation is brought to deal with the issue.

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