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The Supreme Court granted legal status to advance medical directives in 2018 and allowed passive euthanasia with safeguards. However, some directions were found to be difficult to implement and have been modified to simplify the process.
7 Feb 2023
Context:
The Supreme Court granted legal status to advance medical directives in 2018 and allowed passive euthanasia with safeguards. However, some directions were found to be difficult to implement and have been modified to simplify the process.
Recent Changes made to advance medical directives, 2018:
| Feature | Earlier (2018) | Modified Changes (2023) |
| Attestation of Advance Directive | Countersigned by a judicial magistrate | Attested before a notary or gazetted officer |
| Authorization for medical decision making | One guardian or relative named by executor | More than one guardian or relative can be named |
| Information dissemination | Magistrate informed family members | Executor responsible for informing named guardians or relatives and family physician |
| Availability in digital form | Not included | Included in digital health records |
| Secondary Medical Board | Constituted by District Collector | Constituted by hospital with doctor nominated by district’s chief medical officer |
About Active and Passive Euthanasia:
| Active Euthanasia | Passive Euthanasia |
| This means that a terminally-ill patient is administered a lethal drug or substance intentionally in order for them to pass away peacefully, in this case, in the event of terminal illness. | Also called negative euthanasia or non-aggressive euthanasia, it was defined by the apex court, as that which “entails withholding of medical treatment for continuance of life, e.g. withholding of antibiotics where without giving it a patient is likely to die”. |
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