End-of-life decisions – SC’s tweaks on directive norms are welcome, but legislation will be better

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Source: The post is based on the article “End-of-life decisions – SC’s tweaks on directive norms are welcome, but legislation will be better” published in The Hindu on 7th February 2023.

Syllabus: GS 2 – Issues relating to development and management of Social Sector/Services relating to Health.

Relevance: About advance medical directives.

News: In a recent order, a Constitution Bench modified the rules regarding ‘advance medical directives’. This is due to “insurmountable obstacles” attached to the previous rules.

What are the recent changes in ‘advance medical directives’? 

Read here: Supreme Court eases procedures for terminally ill patients to withdraw medical treatment

What is euthanasia?

Read here: The Debate on Euthanasia – Explained, pointwise

What are the challenges associated with the recent changes in ‘advance medical directives’?

-The onus is now on the persons themselves to hand over a copy of the advance directive to the guardians or close relatives named in it, as well as to the family physician.

-The new guidelines require the hospital itself to constitute both the primary and secondary medical boards. From now on, the district Collector need not constitute the second medical board. However, in both rules, the patient is not in a position to make any decision at this phase.

What should be done to make ‘advance medical directives’ inclusive?

While guidelines are useful and necessary to implement the concept of a ‘living will’ and advance medical directives, it is time Parliament came out with a comprehensive law with a repository of advance directives.

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