Living will is a written document that allows a patient to give explicit instructions in advance about the medical treatment to be administered when he or she is terminally ill or no longer able to express informed consent. Passive euthanasia is a condition where there is withdrawal of medical treatment with the deliberate intention to hasten the death of a terminally-ill patient. 

A five-judge constitution bench headed by Chief Justice Dipak Misra had on October 11 last year reserved its verdict on the plea.  

The bench had indicated during the hearing that it might recognise the execution of ‘living will’ in cases of passive euthanasia, as right to die peacefully is part of fundamental right to life under Article 21 of the Constitution. Article 21 provides that “no person shall be deprived of his life or personal liberty except according to procedure established by law.” 

The apex court, however, had observed that there should be adequate safeguards and implementation of living will would be subject to medical board’s certifying that the patient’s comatose state is irreversible.