Supreme Court: Consider ‘living will’ to pave way for death

A five-judge Constitution Bench of the Supreme Court Monday asked Parliament to consider the issue of the “living will” of persons suffering from chronic terminal diseases, and likely to go into a permanent vegetative state, to refuse treatment to pave the way for his or her death.

The bench, comprising Justices Anil R. Dave, Kurian Joseph, Shiva Kirti Singh, A.K. Goel and Rohinton Nariman, hearing a petition filed by NGO Common Cause, took note of the submissions of additional solicitor-general P.S. Patwalia that the health ministry was considering the report of the Law Commission of India to allow passive euthanasia and, based on such consideration, the law ministry would draft a bill for the consideration of Parliament.

The ASG said that based on the recommendations of the expert committee, DG DGHS has proposed the formulation of legislation on “passive euthanasia”.