Legality of ‘Living Wills’: Intervention Application

Reports by Judicial Reform & Reports by Public Law & Reports by Vidhi Aid · June 26, 2015
Author(s): Alok Prasanna

Image by DoD licensed under Public Domain via Wikimedia Commons

Vidhi made a submission before the Hon’ble Supreme Court in the pending matter, Common Cause v Union of India (WP (C) 215 of 2005) where the legality of “living wills” in India is being considered. A living will is a document prepared in advance by a person indicating that treatment may be withdrawn to her in certain circumstances. Although no legislation currently provides for such living wills, we believe that the right to execute a living will arises from the Constitutional right to die with dignity as recognized by the Supreme Court of India in multiple cases in the past. 

Through this submission, Vidhi hopes to assist in guiding the Supreme Court in laying down the law in consistency with judgements in the past and adhering to good international practice in this respect. 

The complete submissions may be accessed here.

About Alok Prasanna:

Alok Prasanna Kumar is Senior Resident Fellow and Team Lead, Vidhi Karnataka. His areas of research include Judicial Reforms, Constitutional law, Urban Development, and Law and Technology. He graduated with a B.A. LL.B. (Hons) from the NALSAR University in 2008 and obtained the BCL from the University of Oxford in 2009. He writes a monthly column for the Economic and Political Weekly and has published in the Indian Journal of Constitutional Law and National Law School of India Review apart from media outlets such as The Hindu, Indian Express, Scroll, Quint and Caravan. He has practiced in the Supreme Court and Delhi High Court from the chambers of Mr Mohan Parasaran, and currently also co-hosts the Ganatantra podcast on IVM Podcasts.