CUTTACK: The Orissa High Court has expressed concern over the delay by the state government in implementing Supreme Court’s directions on living will, saying the state cannot show further apathy as substantial progress has been made in this regard.
A division bench of Chief Justice Harish Tandon and Justice MS Raman made the observation while hearing a PIL seeking enforcement of the direction issued by the Supreme Court on January 24, 2023. Additional government advocate Debasish Tripathy informed the court that suggestions from the departments concerned had already been obtained and the matter was under active consideration of a high-level committee.
Taking note of it, the bench said the state must now act with urgency. The matter has been listed on February 3, when the state government has been directed to disclose whether a final decision has been taken.
A living will is a legal document that allows adult individuals to specify the medical care they would prefer to receive if they are affected by conditions or diseases which render them incapable of making the decisions then or communicating their decision to their kin. For instance, they can inscribe their refusal to interventions like mechanical ventilation, invasive tubes, feeding tubes, articial nutrition, etc, when they are in terminal or vegetative stage.
High court lawyer Kanhayalal Sharma filed the PIL seeking directions to ensure compliance with the Supreme Court’s mandate on living wills, also known as Advance Medical Directives. Advocate Partha Mukherjee represented the petitioner.
The case assumes significance in light of the Supreme Court’s recognition of the right to die with dignity as a fundamental right and its directions to ensure uniform implementation of living wills across the country. The apex court had directed registrar generals of all high courts to circulate its order to state health secretaries for onward communication to chief district medical officers.
Earlier on December 16, the state government had informed that a draft resolution had been circulated to various departments, including the Law and General Administration and Public Grievance departments, for their views. Besides, a committee headed by special secretary (medical services), Health and Family Welfare department comprising nine other members had examined modalities for implementation. The committee had opined that Advance Medical Directives would initially be implemented in medical colleges, super specialty hospitals and district headquarters hospitals with ICU facilities for terminally-ill patients.
The government had also categorically assured the court that it had unequivocally decided to implement the judgment of the Supreme Court and the draft resolution would be reviewed once again shortly for finalisation.