Living Will

jayasala42 · Mar 10, 2018

All the dailies today are flooded with inf reg SC's upholding passive euthanasia.
Now the Apex court has allowed 'Living Wills' with safe guards.

This topic has been on the agenda for tens of years.The topic may seem to be irksome for some people and look inauspicious for a few others.Yet society also consists of those people whose interests are no way inferior.

Article 21 of our constitution reads as follows:
"No person shall be deprived of his life or personal liberty except according to the procedure
established by law''.
'Right to life'is normally interpreted to mean'the right to lead meaningful,complete and dignified life'.
The Supreme Court has since allowed "'passive euthanasia and gives legal status to advance directive called'LIVING WILL" giving the right to a dignified life extending to the point of having a dignified death."
When circumstances such as incurable diseases,unbearable living conditions,or the dire need to defend one's honour force a person to take extreme steps,the desire to die is considered
not as unnatural ,but merely abnormal and pardonable under law.

But on the other hand 'euthanasia',though the term literally means 'good death',was being considered as 'homicide'irrespective of the circumstances.
In most of the countries,barring a few, euthanasia is totally illegal.

Pitiable is the condition of certain mothers in 50-60 age group who have got their children
aged 30-35 suffering from irreversible nervous disorders from the time of birth. Those boys and girls are totally bed ridden,unable to talk or walk,affected by blurred vision,lost their sense of recognition,with a blunt look and peculiar smiles,unable to express the urgency of the calls of nature too.In certain families the parents are unfortunate to have two or more children with similar disorders.

No need to talk about girls with post puberty complications as well.
Mothers just pray God to keep them healthy to look after their dear ones .It is an indirect prayer for the children's end during their life time itself.What a horrible thought for a mother!

These mothers/parents are unable to concentrate on their other normal children.A sense of permanent gloom prevails over the house.The position of very old people facing terminal illness is no different.
Very often when petitions were received from such mothers/relatives for 'mercy killing' of their own dear ones,the court simply passed some interim order saying" euthanasia is a complex issue involving psychological,sociological and property related problems.

It is true that there are chances of misuse or over use & it might become a social evil.
Parents are often blamed to be sinners and selfish. For the parents and very close kith and kin, this is a great problem.For all others this will be just a juicy topic for discussion as they are not personally involved.But it should be realised that no parents would ever wish their children to predecease them unless under extreme circumstances.Their fear about the future of their children after their demise is quite reasonable.

All theories reg fate,misfortune,equipoise etc etc and any number of philosophical quotes from scriptures may never be reconciling to the wounded parents.

Some years ago they called for open discussions from the public,educationists, psychologists,
medical practitioners in Critical Care units,social workers and others.That move didn't take up.
Having consideration to the unsolvable practical problems,SC has allowed advance directive or living will and has specified certain regulations.

Homicide,in case of self defence is acceptable.In the same way ,penal provisions with reg to euthanasia ,under specific circumstances ,are expected to be liberalized to the extent of making it a legitimate defence.
Though the number of such afflicted persons are a few in number,their mental struggle is mountainous,enormous and beyond expression.
As we proceed with implementation, we may experience legal hurdles, administrative impediments, doctors' dilemmas and negative moves by certain relatives.
Let us see , how a sensitive issue is dealt with by the relatives notwithstanding the execution of proper'Living Will'.
Soon we may expect many advocates taking up 'Living Wills' alone on contract basis having a tie up with Judicial magistrate.There may be middle men connected to Medical Board.Service charges may be on percentage basis with relation to the value of the property to be inherited by legal heirs of the person executing'living Will'.
'Living Will' in due course will result in'living on death'.

jayasala42

Shja · Mar 12, 2018

jayasala42 said: ↑

All the dailies today are flooded with inf reg SC's upholding passive euthanasia.
Now the Apex court has allowed 'Living Wills' with safe guards.

This topic has been on the agenda for tens of years.The topic may seem to be irksome for some people and look inauspicious for a few others.Yet society also consists of those people whose interests are no way inferior.

Article 21 of our constitution reads as follows:
"No person shall be deprived of his life or personal liberty except according to the procedure
established by law''.
'Right to life'is normally interpreted to mean'the right to lead meaningful,complete and dignified life'.
The Supreme Court has since allowed "'passive euthanasia and gives legal status to advance directive called'LIVING WILL" giving the right to a dignified life extending to the point of having a dignified death."
When circumstances such as incurable diseases,unbearable living conditions,or the dire need to defend one's honour force a person to take extreme steps,the desire to die is considered
not as unnatural ,but merely abnormal and pardonable under law.

But on the other hand 'euthanasia',though the term literally means 'good death',was being considered as 'homicide'irrespective of the circumstances.
In most of the countries,barring a few, euthanasia is totally illegal.

Pitiable is the condition of certain mothers in 50-60 age group who have got their children
aged 30-35 suffering from irreversible nervous disorders from the time of birth. Those boys and girls are totally bed ridden,unable to talk or walk,affected by blurred vision,lost their sense of recognition,with a blunt look and peculiar smiles,unable to express the urgency of the calls of nature too.In certain families the parents are unfortunate to have two or more children with similar disorders.

No need to talk about girls with post puberty complications as well.
Mothers just pray God to keep them healthy to look after their dear ones .It is an indirect prayer for the children's end during their life time itself.What a horrible thought for a mother!

These mothers/parents are unable to concentrate on their other normal children.A sense of permanent gloom prevails over the house.The position of very old people facing terminal illness is no different.
Very often when petitions were received from such mothers/relatives for 'mercy killing' of their own dear ones,the court simply passed some interim order saying" euthanasia is a complex issue involving psychological,sociological and property related problems.

It is true that there are chances of misuse or over use & it might become a social evil.
Parents are often blamed to be sinners and selfish. For the parents and very close kith and kin, this is a great problem.For all others this will be just a juicy topic for discussion as they are not personally involved.But it should be realised that no parents would ever wish their children to predecease them unless under extreme circumstances.Their fear about the future of their children after their demise is quite reasonable.

All theories reg fate,misfortune,equipoise etc etc and any number of philosophical quotes from scriptures may never be reconciling to the wounded parents.

Some years ago they called for open discussions from the public,educationists, psychologists,
medical practitioners in Critical Care units,social workers and others.That move didn't take up.
Having consideration to the unsolvable practical problems,SC has allowed advance directive or living will and has specified certain regulations.

Homicide,in case of self defence is acceptable.In the same way ,penal provisions with reg to euthanasia ,under specific circumstances ,are expected to be liberalized to the extent of making it a legitimate defence.
Though the number of such afflicted persons are a few in number,their mental struggle is mountainous,enormous and beyond expression.
As we proceed with implementation, we may experience legal hurdles, administrative impediments, doctors' dilemmas and negative moves by certain relatives.
Let us see , how a sensitive issue is dealt with by the relatives notwithstanding the execution of proper'Living Will'.
Soon we may expect many advocates taking up 'Living Wills' alone on contract basis having a tie up with Judicial magistrate.There may be middle men connected to Medical Board.Service charges may be on percentage basis with relation to the value of the property to be inherited by legal heirs of the person executing'living Will'.
'Living Will' in due course will result in'living on death'.

jayasala42
Click to expand...

Thanks, it’s a nice write up!

nakshatra1 · Mar 12, 2018

Shja said: ↑

Thanks, it’s a nice write up!
Click to expand...

Good analysis ..Very complex subject . The supreme court has taken a pragmatic view . The safeguards are very much required .

Viswamitra · Mar 12, 2018

Dear Smt. Jayasala:

Concept of "Living Will" exists for a long time here in the US and it works well. The best decision about the medical attention for someone who become a vegetable or suffering from unbearable pain is what they think is the right decision. It is better they document what they choose to do in such circumstances. There was a conversation in a James Bond movie, "What is the point in living, if you don't feel alive?"

In Florida, there was a prolonged battle between a husband and parents of a woman who was in Coma for a period of 10 years. The husband said wife's intention is to pull the plug and the parents who were conservative Christians objected to that decision. The Hospice was taking care of this patient for many years spending millions of dollars reimbursed under Medicaid. Eventually, a Judge ordered the Hospice to pull the plug resulting in fulfilling the wishes of the woman who was in Coma for 10 years. This battle was because of no written will by the patient and it was husband's word against parents wish.

Viswa