In the case of euthanasia, the condition of writing living will in front of the magistrate was removed, the Supreme Court made a big change in the decision of 2018.
On March 9, 2018, the Supreme Court gave an important decision in the euthanasia case and said that the right to die with dignity is a fundamental right and conditional adoption of death by removing the life support system of those who reach coma or near death. Was allowed The court had recognized passive euthanasia i.e. indirect euthanasia and advance directive i.e. living will and had set guidelines for this. The Indian Council for Critical Care Medicine had demanded a change in the guidelines, saying the current system was not practical and was not working. The matter again came before the five judges of the Supreme Court to change the guidelines issued in the 2018 judgement.
What is passive euthanasia?
Euthanasia ie euthanasia is mainly of two types. One active euthanasia ie active euthanasia and the other passive euthanasia ie passive or indirect euthanasia. The difference between the two is that in active euthanasia, something is done for the death of the concerned person like giving some medicine, giving injection etc. Whereas in passive euthanasia nothing is done to save the life of the patient. That is, he is left to die naturally. Like removing the patient from the life support system.
understand what has changed
Order of 2018: Only a guardian or a close relative could be nominated for this. To whom the treating doctor will inform about the disease and its consequences etc. at the time of implementation of the instructions in the coming days.
Current Verdict: The document will name more than one guardian or relative to whom the doctor will inform about the nature of the illness and the availability and outcome of the treatment.
Order of 2018: The person writing the living will will make this will in the presence of a Judicial Magistrate (First Class) and two witnesses.
Decision now: The living will will be prepared in the presence of witnesses and will be attested by a gazetted officer or a notary. The notary and the witness will record that the will writer has written it voluntarily without any duress and he knows the consequences.
About the role of the Registry of the District Court
Order of 2018: The Judicial Magistrate has to forward a copy of the document to the Registry and keep it there.
Current Order: This condition has been removed.
While changing the guidelines, the top court has also said that the will executor can give a copy of it to his family physician. So that in the event of the patient being seriously ill, he can certify the veracity of the Living Will. During the hearing of the passive euthanasia case, the Supreme Court had agreed that it would change the guidelines issued in the indirect euthanasia case.