Understanding Living Wills in India

In India, the conversation around death and end-of-life care is often shrouded in silence. However, a growing movement is advocating for the importance of living wills, also known as advance medical directives (AMDs). These legal documents allow individuals to specify their medical care preferences in case they become unable to communicate their wishes due to terminal illness or incapacitation. This article explores the significance of living wills, the challenges they face in India, and the efforts being made to raise awareness about them.

The Personal Impact of Living Wills

Dr. IP Yadev, a surgeon from Kerala, faced a heart-wrenching decision in 2010 when his terminally ill father expressed a desire to stop treatment. Caught between his duty as a son and his father’s wishes, Dr. Yadev ultimately chose to prolong his father’s life. This decision led to a painful experience, culminating in his father’s death in an intensive care unit, where aggressive resuscitation efforts caused further suffering. This traumatic event profoundly influenced Dr. Yadev’s perspective on living wills.

Living wills empower individuals to make their own choices regarding medical treatment. They can specify preferences, such as refusing life support or requesting pain relief. In 2018, India’s Supreme Court recognized the legality of living wills, allowing for passive euthanasia under strict guidelines. However, active euthanasia remains illegal. Despite this legal framework, the concept of living wills has not gained widespread acceptance in India. Cultural taboos surrounding death often prevent open discussions, leaving many unaware of their options.

Efforts to Promote Awareness

In response to the need for greater awareness, Dr. Yadev and his team launched India’s first program to educate the public about living wills at the Government Medical College in Kollam, Kerala. This initiative includes in-person and phone consultations, as well as distribution of templates for creating living wills. Volunteers actively engage in awareness campaigns to inform people about the importance of these documents.

Kerala is leading the way in promoting discussions about end-of-life care. The state boasts the best palliative care network in India, with organizations dedicated to providing comprehensive support for patients and their families. Recently, around 30 individuals from the Pain and Palliative Care Society in Thrissur signed living wills, signaling a growing interest in the concept. However, many people still have questions and concerns about the implications of living wills, particularly regarding potential misuse and the ability to amend directives.

Legal Framework and Implementation Challenges

While the Supreme Court has established guidelines for creating living wills, implementation remains inconsistent across states. Individuals must draft their wills, sign them in the presence of witnesses, and submit them to a designated custodian. However, many states have yet to set up the necessary infrastructure to facilitate this process. Dr. Nikhil Datar, a Mumbai-based gynecologist, faced this challenge firsthand when he attempted to submit his living will two years ago. His efforts led to the Maharashtra government appointing officials to serve as custodians for living wills.

Recent developments in Goa and Karnataka indicate progress in implementing living wills. Goa’s high court judge became the first person in the state to register a living will, while Karnataka has begun appointing individuals to medical boards responsible for certifying living wills. Advocates like Dr. Datar are pushing for a centralized digital repository for living wills, making them accessible nationwide. This would help alleviate confusion and ensure that families and healthcare providers can honor patients’ wishes.

The Future of Living Wills in India

The conversation around living wills is slowly gaining traction in India, thanks to the efforts of healthcare advocates and organizations. Dr. Sushma Bhatnagar from the All India Institute of Medical Sciences in Delhi emphasizes the need for doctors to discuss living wills with patients. She believes that training healthcare professionals to engage in these conversations can help ensure that individuals die with dignity, in accordance with their wishes.

As awareness grows, more people are beginning to understand the importance of making their own choices regarding end-of-life care. Living wills are not solely about opting for passive euthanasia; they also allow individuals to express their desires for medical intervention. Dr. Yadev recalls a case where a patient wanted to ensure life support until his child could arrive from abroad. This highlights the fundamental right to choose how one wishes to die.

 

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