In India, the Supreme Court recognized on Friday in a historic decision that patients with incurable diseases can write Letter of wish (will). This decision of the court allows physicians to remove the patient's life saving equipment of incurable disease. The court has said that a person who does not wish to live should not tolerate physical pain in the idle state.

The five-member Constitution Bench headed by Chief Justice of the Supreme Court, Deepak Mishra has said that in the idle state, the desire to write death and advance letter of desire is allowed. The Constitution Bench said that the guidelines enforced in the decision will remain effective till the law is enacted in this matter. Other members of the Constitution bench include Justice AK Sikri, Justice AM Khanvilkar, Justice Dhananjay Yashwant Chandchud and Justice Ashok Bhushan.

The bench has also laid down some guidelines in its decision. It has been said that who can execute this type of wish letter and how the medical board will agree with his will for death. Desire letter is also a form of will. The Constitution Bench passed this ruling on the PIL of the non-governmental organisation Common Cause. It was requested in this plea that permission to remove life-saving devices for the relief from physical suffering of patients and to execute death suffering from incurable diseases.

The supreme court said that in case of patients suffering from incurable illness, such close friends and relatives of such patient can give advance instructions and execute the letter of wish. After this the medical board will consider such a letter.

The Chief Justice said in the judgment that although the Constitution bench has four different opinions, all the judges are unanimous that since there is no desire to live in a patient, it should not be allowed to endure the pain of the idle state. Therefore, such wish letters (will) should be recognized.

In 2011, Supreme Court was allowed the desire of death in the case of Aruna Shanbagh who was in an idle state. The Supreme court said to remove such patient's life-saving equipment which is not in a position to make a informed decision.

The Central Government had informed the court on January 15, 2016 that the Law Commission in its 241th report had recommended the permission for death in a dormant state with selective safeguards.

Let me state that on May 1, 2005, the Supreme Court approved the petition of NGO, Common Cause, to allow the person suffering from incurable disease to be allowed to die in the idle state. The court sought the response from the Center on the petition seeking the right to death with respect to declaration of fundamental rights under Article 21 of the Constitution.

On January 16, 2006, the court allowed the Delhi Medical Council (DMC) to intervene and instructed him to file a document on the desire to die in the idle state.

On April 28, 2006, the Law Commission advised to draft a bill on will death in the inactive state and said that only after the decision of experts on such petitions filed in the High Court would be the decision.

(Click here for Android APP of IBTN. You can follow us on facebook and Twitter)

Share This News

About sharing