The Supreme Court recognised the living will made by terminally-ill patients for passive euthanasia. A five-judge constitution bench comprising of justices A K Sikri, A M Khanwilkar, D Y Chandrachud and Ashok Bhushan and headed by Chief Justice of India Dipak Misra asserted that passive euthanasia and advance living will are “permissible.”
The bench also laid down guidelines as to who would execute the will and how the nod for passive euthanasia would be granted by the medical board as well. It was stated that advance directives for terminally-ill patients could be issued and executed by the next friend and relatives of such person after which a medical board would consider it.
The apex court said that directions and guidelines laid down by it and its directive shall remain in force till a legislation is brought on the issue.
The Chief Justice further stated that though there were four separate opinions of the bench but all the judges were unanimous that the living will should be permitted since a person cannot be allowed to continue suffering in a comatose state when he or she doesn’t wish to live.
