Supreme Court supports ‘Living Will’
Q. What is ‘Living Will’?- Published on 18 Jan 16a. It’s a will in which a person voluntarily donates oneself to medical research during his entire remaining lifetime and even after death.
b. Wish made to choose the way of dying
c. Wish that one is not kept alive using ventilators
d. Will granting permission to donate one’s body after death for medical research and organ donation
ANSWER: Wish that one is not kept alive using ventilators
‘Living Will' is one in which a person when in sound mind and good health records his wish that he not be kept alive with the help of ventilators. Supreme Court agreed that prolonging a patient's life by putting him on ventilator or life support system against his will could amount to torture of the patient and be financially draining for his family. The bench sought the Centre's response within a fortnight on the plea for legalizing `Living Will', in which a person when in sound mind and good health records his wish that he should not be kept alive with the help of ventilators if doctors at any stage of his life opine that he cannot be kept alive without life support system. Legalizing ‘Living Will’ is somewhat similar to legalizing passive euthanasia. Medical Council (Professional Conduct, Etiquette and Ethics) Regulations, 2002, provided that a team of doctors could decide withdrawal of life support system from terminally ill patients after they were declared brain dead. Right to life includes right to die with dignity. Law Commission in its 241st report had recommended, “A competent adult patient has the right to insist that there should be no invasive medical treatment by way of artificial life sustaining measures, treatment and such decision is binding on the doctors attending on such patient provided that the doctor is satisfied that the patient has taken an `informed decision' based on free exercise of his or her will. “ On patients in coma or in vegetative state, the commission had suggested that their relatives “shall have to get clearance from the high court” for withdrawing or withholding life sustaining treatment. Mumbai nurse Aruna Shanbaug's case is also associated with the issue of passive euthanasia.
