Taking Control of Your Final Chapter: Living Will

I first learned about living wills when a newspaper article “Renowned gynaecologist registers living will” caught my attention. Then of course, at one of the OTT platforms I saw the movie “Salam Venky” based on the true story of a 25-year-old chess player Kolavennu Venkatesh from Hyderabad who in 2004 pleaded to be euthanised.

Almost after 14 years, in March 2018, the Supreme Court of India issued a landmark judgement recognizing the right to die with dignity and allowing for passive euthanasia in certain circumstances. The judgement, passed by a five-judge Constitution Bench led by Chief Justice Dipak Misra, held that "the right to life includes the right to die with dignity" and that individuals have the right to refuse medical treatment or life support in cases of terminal illness or irreversible coma.

The case was brought to the Supreme Court by a non-governmental organization called Common Cause, which argued that the right to die with dignity was a fundamental right under the Constitution of India. The Court agreed, stating that "a dying patient who is terminally ill or in a permanent vegetative state can make an informed decision to refuse or withdraw medical treatment or artificial life support." The Court also laid down guidelines for the procedure to be followed in cases of passive euthanasia, including the requirement for a medical board to assess the patient's condition and the need for judicial oversight to prevent abuse.

The legal recognition of living wills is relatively new, but it has already had a significant impact on the way that individuals think about end-of-life care.  A living will is a legal document that allows individuals to express their wishes regarding medical treatment if they become incapacitated and cannot communicate their preferences. In India, living wills are also known as "advance directives" and are recognized under the law.

One of the key benefits of having a living will is that it allows individuals to retain control over their medical treatment even if they are unable to communicate their preferences at the time. As Chief Justice of India, D.Y. Chandrachud, explains: "The right to die with dignity is a fundamental right, and living wills are an important step towards ensuring that individuals have the autonomy to make decisions about their medical treatment."

 At first, I was hesitant about the idea of making a living will. It seemed like a morbid topic to think about, and I didn't want to imagine myself in a situation where I would need one. But as I thought about it more, I realized that having a living will be empowering. In a living will I can specify the medical treatments that I’d like to receive or refuse, in case of terminal illness or a persistent vegetative state. This can include decisions about life support, resuscitation, and other forms of medical intervention.

Making a living will was a simple process, but it gave me a sense of peace and control over my own life. It's a small step that we can all take to ensure that our preferences for medical treatment are respected and to avoid any potential conflicts or confusion among family members and healthcare providers. Your voice matters, and living will help ensure that your wishes are heard, even when you can't speak for yourself.

In conclusion, the judgement in Common Cause (A Regd. Society) v. Union of India and Another, Writ Petition (Civil) No. 215 of 2005, 2018 SCC OnLine SC 208, paved the way for the legal recognition of living wills in India as a valid means that empowers individuals to make informed decisions about their medical treatment and retain control over their own lives.