A public interest litigation (PIL) has been filed in the Kerala High Court urging local authorities to designate custodians for living wills, a legal provision that allows individuals to refuse medical treatment under specified conditions. The plea emphasizes the need to enforce the Supreme Court’s guidelines on living wills to ensure dignity in end-of-life care.
Background:
The concept of living wills was recognized by the Supreme Court in its landmark 2018 judgment on passive euthanasia. The court laid down guidelines for preparing, registering, and implementing living wills, empowering individuals to outline their preferences for medical treatment in case they become incapacitated. However, there have been concerns about the lack of effective implementation and oversight at the local level.
Court’s Rationale:
The petitioner argued that without appointed custodians, the execution of living wills remains uncertain, leaving individuals vulnerable to prolonged and unwanted medical interventions. The plea calls for the appointment of local officers or authorities to act as custodians who can verify, store, and ensure the execution of these directives in line with the Supreme Court’s framework.
Existing Measures:
The Supreme Court’s 2018 judgment mandates specific procedures for living wills, including approval by a medical board and verification by a judicial magistrate. While the ruling provides a legal framework, the absence of local implementation mechanisms has hindered its practical application.
Conclusion:
The plea highlights the pressing need for effective local mechanisms to uphold individuals’ rights to refuse unwanted medical treatment through living wills. The Kerala High Court’s decision on this matter could set a precedent for other states, ensuring that end-of-life choices are respected and safeguarded.