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Passive Euthanasia – A terminally-ill patient in persistent vegetative can execute an Advance Medical Directive or Living Will to refuse medical treatment as the right to live with dignity.

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Living Will – Passive Euthanasia- PIL by Mumbai City Gynaecologist Doctor in Bombay High Court for implementation of the directions including appointment of custodian as per the order dated 24.1.2023 of the Supreme Court

In 2018, the Supreme Court had issued Advance Medical Directive to facilitate the fructification of the sacrosanct right to life with dignity and issued various guidelines in para 198 of the judgment.

However, in the actual working of the said directions, insurmountable obstacles were posed and voiced by large number of Doctors.  

The Supreme Court, therefore, modified the directions in its order dated 24.1.2023.   One of the directions was for appointment of Custodian by the Local Authority i.e. Municipal Corporations and Councils.   However, BMC failed to implement the said directions.   Therefore, Prof. Dr. Nikhil Datar filed PIL in the Bombay High Court

In Misc.Application No.1699 of 2019 in Writ Petition (Civil) No.215 of 2005 (Common Cause (A Regd. Society Vs. Union of India), the Supreme  Court in its Order dated 24.1.2023

Order dated 12.1.2024 in PIL No.3 of 2024 of Prof. Dr.Nikhil D. Datar & Ors Vs. State of Maharashtra and Ors.

HC asks state, BMC to reply to gynaecologist’s plea on living will (msn.com)

25360_2019_3_504_41295_Judgement_24-Jan-2023.pdf (sci.gov.in)

Passive Euthanasia – A terminally-ill patient in persistent vegetative can execute an Advance Medical Directive or Living Will to refuse medical treatment that the right to live with dignity includes the “smoothening the process of dying”

In January 2023, the Supreme Court simplified the said passive euthanasia procedure.

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