NEW DELHI: The Supreme Court has removed the clause that mandated a magistrate’s approval for withdrawal of life support of a terminally-ill person by way of a living will.
“In the event, the executor becomes terminally ill and is undergoing prolonged medical treatment with no hope of recovery and cure of the ailment, and does not have decision-making capacity, the treating physician, when made aware about the Advance Directive, shall ascertain the genuineness and authenticity thereof with reference to the existing digital health records of the patient, if any or from the custodian of the document,” the court said.
Advance directives are instruments through which persons express their wishes at a prior point in time, when they are capable of making an informed decision, regarding their medical treatment in the future, when they are not in a position to make an informed decision, by reason of being unconscious or in a vegetative state or coma.
The bench has also granted the hospital the authority to convey the decision of the Primary and Secondary Medical Boards and the consent of the person or persons named in the advance directive to the jurisdictional Judicial Magistrate of First Class (JMFC) before giving effect to the decision of withdrawal.
Where the primary medical board takes a decision not to follow an advance directive while treating a person, the person or persons named in the advance directive may request the hospital to refer the case to the secondary medical board.
The nominees can directly approach the high court if passive euthanasia is denied at the secondary board stage, and the court will be free to form a medical board of its own to help it take a call.
The SC has also now authorised multiple guardians or close relatives who can give their contest for withdrawal of medical treatment in case the executor of the living will becomes incapable of taking the decision. Earlier, only one guardian or close relative could give the consent.