{"id":10945,"date":"2018-03-09T05:58:31","date_gmt":"2018-03-09T10:58:31","guid":{"rendered":"http:\/\/worldjusticenews.com\/news\/?p=10945"},"modified":"2018-03-09T05:58:31","modified_gmt":"2018-03-09T10:58:31","slug":"india-allows-living-wills-for-terminally-ill","status":"publish","type":"post","link":"https:\/\/worldjusticenews.com\/news\/2018\/03\/09\/india-allows-living-wills-for-terminally-ill\/","title":{"rendered":"India allows &#8216;living wills&#8217; for terminally ill"},"content":{"rendered":"<p class=\"story-body__introduction\">India&#8217;s Supreme Court has allowed people to draw up &#8220;living wills&#8221;, meaning they can seek what is known as passive euthanasia.<\/p>\n<p>It means medical treatment can be withdrawn to hasten a person&#8217;s death, if strict guidelines are followed.<\/p>\n<p>This would apply to patients suffering from terminal illness and who are in a vegetative state.<\/p>\n<p>A living will sets out a patient&#8217;s wishes regarding how they want to be treated if they are seriously ill.<\/p>\n<p>The Indian judges said the right to die with dignity was a fundamental right and that an advance directive by a person in the form of a living will could be approved by the courts.<\/p>\n<p>Petitioners, who had argued that people have the right to die with dignity if they are suffering from a terminal illness, hailed the judgment.<\/p>\n<p>&#8220;Today&#8217;s is a landmark judgement because it comes at a time when medical science allows patients to be kept alive by artificial means and the hospitals to keep charging money,&#8221; Vipul Mudgal, the head of main petitioner Common Cause, an advocacy group, told the BBC.<\/p>\n<p>When a patient dies because medical professionals either do not do something necessary to keep the patient alive, or stop doing something that is keeping the patient alive. This might include:<\/p>\n<ul class=\"story-body__unordered-list\">\n<li class=\"story-body__list-item\">switching off life-support machines<\/li>\n<\/ul>\n<ul class=\"story-body__unordered-list\">\n<li class=\"story-body__list-item\">disconnecting a feeding tube<\/li>\n<\/ul>\n<ul class=\"story-body__unordered-list\">\n<li class=\"story-body__list-item\">not carrying out a life-extending operation<\/li>\n<\/ul>\n<ul class=\"story-body__unordered-list\">\n<li class=\"story-body__list-item\">not administering life-extending drugs<\/li>\n<\/ul>\n<p>It remains unclear, however, how courts could guarantee that living wills were not drafted by patients under coercion.<\/p>\n<p>In 2011, India&#8217;s top court had ruled that life support could be removed for terminally ill patients in exceptional circumstances.<\/p>\n<p>While rejecting a plea to end the life of a woman who had been in a vegetative state since 1973 in the city of Mumbai after being raped and strangled, the court had said some cases of euthanasia could be sanctioned if doctors were to file a case in court.<\/p>\n<p>Aruna Shanbaug, who was left with severe brain damage and paralysed after the 1973 attack by a ward attendant in the Mumbai hospital where she worked, died in 2015.<\/p>\n<p>Her death sparked a national debate over euthanasia.<\/p>\n<p>The 2011 judgement had put the onus on doctors to petition to withdraw life support, under the supervision of the courts. Previously all forms of euthanasia were illegal in India.<\/p>\n<p>On Friday, judges of India&#8217;s Supreme Court outlined detailed &#8220;guidelines&#8221; for facilitating passive euthanasia.<\/p>\n<p>The court said that family members and relatives of terminally ill patients seeking passive euthanasia could go to court to have it sanctioned. A team of doctors would then be appointed by the court to decide if it is needed.<\/p>\n<p>There have been a number of requests for active euthanasia &#8211; any act that intentionally helps another person kill themselves &#8211; by Indians which have been rejected by courts and authorities.<\/p>\n<p>In 2008, Jeet Narayan, a resident of Uttar Pradesh state, wrote to the then Indian president Pratibha Patil seeking permission to end the lives of his four bed-ridden, paralysed children. The president had rejected the plea.<\/p>\n<p>In 2013, Dennis Kumar, a porter from Tamil Nadu, sought permission from the authorities to end the life of his infant son, who had been suffering from a congenital disorder. The plea was rejected by a court.<\/p>\n<p>Source: <a href=\"http:\/\/www.bbc.co.uk\/news\/world-asia-india-43341155\" target=\"_blank\" rel=\"noopener\">bbc.co.uk<\/a><\/p>\n","protected":false},"excerpt":{"rendered":"<div class=\"mh-excerpt\">India&#8217;s Supreme Court has allowed people to draw up &#8220;living wills&#8221;, meaning they can seek what is known as passive euthanasia. It means medical treatment can be withdrawn to hasten a person&#8217;s death, if strict <a class=\"mh-excerpt-more\" href=\"https:\/\/worldjusticenews.com\/news\/2018\/03\/09\/india-allows-living-wills-for-terminally-ill\/\" title=\"India allows &#8216;living wills&#8217; for terminally ill\">[&#8230;]<\/a><\/div>\n","protected":false},"author":1,"featured_media":10946,"comment_status":"open","ping_status":"open","sticky":false,"template":"","format":"standard","meta":{"pmpro_default_level":"","footnotes":""},"categories":[15,109,2,6],"tags":[1266,236,4078,4982],"class_list":{"0":"post-10945","1":"post","2":"type-post","3":"status-publish","4":"format-standard","5":"has-post-thumbnail","7":"category-human-rights","8":"category-headline","9":"category-news","10":"category-world","11":"tag-euthanasia","12":"tag-india","13":"tag-india-supreme-court","14":"tag-living-will","15":"pmpro-has-access"},"_links":{"self":[{"href":"https:\/\/worldjusticenews.com\/news\/wp-json\/wp\/v2\/posts\/10945","targetHints":{"allow":["GET"]}}],"collection":[{"href":"https:\/\/worldjusticenews.com\/news\/wp-json\/wp\/v2\/posts"}],"about":[{"href":"https:\/\/worldjusticenews.com\/news\/wp-json\/wp\/v2\/types\/post"}],"author":[{"embeddable":true,"href":"https:\/\/worldjusticenews.com\/news\/wp-json\/wp\/v2\/users\/1"}],"replies":[{"embeddable":true,"href":"https:\/\/worldjusticenews.com\/news\/wp-json\/wp\/v2\/comments?post=10945"}],"version-history":[{"count":1,"href":"https:\/\/worldjusticenews.com\/news\/wp-json\/wp\/v2\/posts\/10945\/revisions"}],"predecessor-version":[{"id":10947,"href":"https:\/\/worldjusticenews.com\/news\/wp-json\/wp\/v2\/posts\/10945\/revisions\/10947"}],"wp:featuredmedia":[{"embeddable":true,"href":"https:\/\/worldjusticenews.com\/news\/wp-json\/wp\/v2\/media\/10946"}],"wp:attachment":[{"href":"https:\/\/worldjusticenews.com\/news\/wp-json\/wp\/v2\/media?parent=10945"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"https:\/\/worldjusticenews.com\/news\/wp-json\/wp\/v2\/categories?post=10945"},{"taxonomy":"post_tag","embeddable":true,"href":"https:\/\/worldjusticenews.com\/news\/wp-json\/wp\/v2\/tags?post=10945"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}