Right to Life- Part 6

What if there is no living will?

. In cases where there is no Advance Directive, the procedure and safeguards are to be same as applied to cases where Advance Directives are in existence, plus certain additional requirements. Doctor may inform the hospital which, in turn, shall constitute a Hospital Medical Board which shall discuss with the family physician and the family members and record the minutes of the discussion in writing.The family members shall be apprised of the pros and cons of withdrawal or refusal of further medical treatment to the patient and if they give consent in writing, then the Hospital Medical Board may certify the course of action to be taken. In case of conflicting opinions- the nominee of the patient or the family member or the treating doctor or the hospital staff can seek permission from the High Court to withdraw life support. The High Court may constitute an Independent Committee of Doctors. The High Court in such cases shall render its decision at the earliest. High Court shall ascribe reasons specifically keeping in mind the principle of “best interests of the patient”

Justice Chandrachud observed that

“Modern medical science should balance its quest to prolong life with need to provide patients quality of life. One is meaningless without the other.”

Steps Taken By Legislative Arm of Government

The Medical Treatment of Terminally Ill Patients (Protection of Patients and Medical Practitioners) Bill was drawn up in line with the recommendations of the Law Commission of India. It states that life support can be withdrawn for patients in persistent vegetative state (PVS) or suffering an irreversible medical condition. The draft is against the concept of living will though.

Scenario throughout the World

. As of March 2018, euthanasia is legal in The Netherlands, Belgium, Columbia, Luxembourg, Canada and India.

. Assisted suicide is legal in Switzerland, Germany, and Japan and in the US states of Washington, Oregon, Colorado, Vermont, Montana, Washington DC and California.

. South Korea is also set to join as euthanasia-legal country starting from February 2018 both active and passive.

. An assisted dying scheme in Australia State of Victoria will come into effect in mid-2019.

Aishwarya Says:

I have always been against Glorifying Over Work and therefore, in the year 2021, I have decided to launch this campaign “Balancing Life”and talk about this wrong practice, that we have been following since last few years. I will be talking to and interviewing around 1 lakh people in the coming 2021 and publish their interview regarding their opinion on glamourising Over Work.

If you are interested in participating in the same, do let me know.

Do follow me on FacebookTwitter  Youtube and Instagram.

The copyright of this Article belongs exclusively to Ms. Aishwarya Sandeep. Reproduction of the same, without permission will amount to Copyright Infringement. Appropriate Legal Action under the Indian Laws will be taken.

If you would also like to contribute to my website, then do share your articles or poems at adv.aishwaryasandeep@gmail.com

We also have a Facebook Group Restarter Moms for Mothers or Women who would like to rejoin their careers post a career break or women who are enterpreneurs.

You may also like to read:

How has airport security intensified post 9/11 – part – Aishwarya Sandeep

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Cyber bullying 8 – Aishwarya Sandeep

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