Living will
Also called: Advance medical directive · Topic: Fundamental Rights and Constitutional Remedies · NCERT: Beyond NCERT
Meaning
A living will is a written instruction made in advance by an adult of sound mind. It says that if the person later becomes terminally ill (ill with no hope of recovery) or cannot decide for themselves, they do not want treatment that only prolongs their life. It is also called an advance medical directive. The Supreme Court recognised it in Common Cause (2018) as part of the right to die with dignity under Article 21. In 2023 the Court made the procedure simpler.
Example
A 60-year-old person writes a living will refusing a ventilator if they ever fall into a permanent coma. If that happens, doctors can follow the instruction, and passive euthanasia becomes lawful for that person. Passive euthanasia means withdrawing life support.
Don't confuse with
- Active euthanasia: deliberately ending a patient's life, for example with a lethal injection. It is still illegal in India. A living will allows only the withdrawal or refusal of treatment.
Related concepts
- K.S. Puttaswamy case
- Right to privacy
- Right to be forgotten
- Navtej Singh Johar case
- Joseph Shine case
- Supriyo Chakraborty case
- Right to marry of one's choice
- Reproductive autonomy
- Passive euthanasia
- Vishaka case