Euthanasia Laws and SC Guidelines on Living Wills: 2024 Update
- ByAdmin --
- 30 Jun 2025 --
- 0 Comments
The right to die with dignity has evolved significantly in India over the past decade, and the Supreme Court has been pivotal in shaping its legal contours. With the endorsement of living wills and stringent guidelines around passive euthanasia, 2024 marks a new chapter in how end-of-life decisions are recognized and regulated.
Legal Landscape Before 2024
- Passive euthanasia (withdrawal of life support) was decriminalized in 2018 when the SC recognized the right to refuse medical treatment through a ‘living will’ drafted in advance.
- Conditions were imposed: the patient had to be terminally ill or in a persistent vegetative state, and there had to be a hospital board and court approval for implementation.
What Changed in 2024
Simplified Living Will Procedures
The Court revised the approval process to reduce red tape and delays. Instead of relying primarily on high courts, it now allows district-level medical boards to certify and oversee living wills under medical supervision, speeding up implementation.
Strengthened Patient Autonomy
Individuals can now express precise end-of-life preferences in their living will, including directives on life support removal, artificial nutrition, and hydration.
Safety Protocols and Safeguards
A detailed medical board review is mandatory before executing a living will. The board must confirm:
- The patient had decision-making capacity at the time of drafting the will.
- The will was made voluntarily, without coercion.
- Its contents align with the Jurisdictional Medical–Ethical Guidelines for dying patients.
Hospitals are required to maintain records of every step, and any disputes can be escalated to a designated judicial tribunal, rather than the High Court.
Constitutional Principles Involved
- Right to Personal Liberty (Article 21): Includes the right to refuse life-sustaining treatment.
- Informed Consent: The patient’s autonomous life choices must be honored.
- Dignity in Death: While not explicitly listed, human dignity is a foundational principle underlying the right to die with dignity in a humane way.
What This Means on Ground
- Families and patients now face a smoother process when making end-of-life decisions without prolonged legal scrutiny or conflicting opinions among doctors.
- Doctors and hospitals are provided a clearer, legally protected route for the dignified withdrawal of support, reducing fear of legal repercussions.
- Ethical barriers are addressed through institutional protocols, reducing ambiguity and standardizing medical procedures.
Moving Ahead
The Court has asked the government to draft a model living-will form and state-level rules that reflect its guidelines. It has also encouraged training for medical and legal professionals to better handle living wills. Law reform and procedural clarity now rest with lawmakers and health authorities to ensure national consistency.
Conclusion
The 2024 update marks a significant shift toward practical dignity in end-of-life care—bridging the gap between legal ideals and real-world application. By simplifying procedures, protecting patient choice, and safeguarding ethical practice, the Supreme Court has brought India closer to treating death with the respect and autonomy it deserves.
RELATED Blog
0 comments