The Constitution Bench on Thursday asked if a lone committee of doctors, judicial officers, and government officers along with the next of kin of a terminally-ill person can sit together and decide the “genuineness and authenticity” of a Living Will.
The Bench led by Justice K.M. Joseph is considering a plea to modify a March 2018 judgment which had upheld passive euthanasia and ‘Living Will’, but gave the job of ascertaining the genuineness of the document to multiple committees of doctors, Magistrates and the District Collector, virtually making the judgment itself redundant and unworkable.
“One committee can be formed to take a decision. Suppose the patient is not able to take a decision at the time, his or her next of kin can do so. The government can keep a check too,” Justice Ajay Rastogi said. Justice Aniruddha Bose said care should be taken to avoid any “forced departures” of persons. The court agreed to hear the case on November 23.
