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Supreme Court of India 2023-01-24 disposed

COMMON CAUSE (A REGD. SOCIETY) DIRECTOR SH. H.D. SHOURIE vs UNION OF INDIA (A) MINISTRY OF HEALTH AND FAMILY WELFARE SECRETARY

Bench: CB — K.M. Joseph, Ajay Rastogi, Aniruddha Bose, Hrishikesh Roy, C.T. Ravikumar

In Brief

The Supreme Court reconsidered its 2018 landmark judgment on Advance Directives (living wills) permitting withdrawal of life support for terminally ill patients with no hope of recovery. Seeking to reduce bureaucratic delays that undermined the right to die with dignity, the Court modified the procedures: attestation by a notary replaced mandatory judicial magistrate countersignature; a streamlined two-tier Medical Board system replaced the earlier multi-layered structure, with decisions preferably made within 48 hours; and executors now inform guardians directly instead of relying on magistrates. The same simplified procedures apply to patients without Advance Directives, provided family consent is obtained and the patient is terminally ill and incurable. These modifications aimed to preserve the substantive right while removing procedural obstacles that had frustrated medical professionals and patients' families.

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Constitutional Law Right to Life and Dignity Medical Termination of Life End-of-Life Care Advance Directives Medical Law Healthcare Administration Judicial Review

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