The CJI said the person can make an advance directive before a magistrate, who will examine whether the person executing the “living will” is of sound mind. Instead, an attempt can be made to provide safeguards for exercise of such advance directive.The CJI said a family may not desire to go ahead with the process of treatment but is compelled to do so under social pressure especially in a different milieu, and in the case of an individual, there remains a fear of being branded that he/she, in spite of being able to provide the necessary treatment to the patient, has chosen not to do so. Control over essential decisions about China bandage factory how an individual should be treated at the end of life is, hence, an essential attribute of the right to life..The court noted that the possibility of misuse cannot be held to be a valid ground for rejecting advance directive, as opined by the Law Commission of India.

Recognition of the right to accept or refuse medical treatment is founded upon autonomy. The medical board will take the decision on the touchstone of modern technology.Y. Under passive euthanasia medical treatment is denied to a person who cannot be cured.Justices Sikri, Chandrachud and Ashok Bhushan gave concurring judgments with different reasons.”The court said that a person’s advance directive or “living will” to withdraw medical care to allow him to die with dignity will take effect only when a medical board affirms that his/her condition is beyond cure and irreversible.”The apex court laid down principles relating to the procedure for execution of advance directive or “living will” and spelt out guidelines and safeguards to give effect to passive euthanasia in both circumstances, that is where there are advance directives and where there are none.

Terminal illness hastens the loss of faculties. Kanwilkar, D.The CJI pointed out that a certificate from a statutory medical board that a patient’s condition was beyond cure and irreversible would take care of apprehensions of relatives and doctors about withdrawing life support and when it should be done.In a “living will” a person can express his/her desire in advance in writing to have or not to have extraordinary life prolonging measures to keep him/her alive even though there is no chance of recovery from his/her terminal condition.“The directive and guidelines shall remain in force till Parliament brings a legislation in the field,” CJI Misra said.

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