Vidhi seeks legal recognition for Advance Directives

The Vidhi Centre for Legal Policy, represented by Senior Advocate, Mr Arvind Datar, intervened before a Constitution Bench of the Supreme Court today in a writ petition filed by Common Cause, seeking legal recognition for Advance Directives, also known as living wills. Advance directives are instruments that allow a person to express her prior wishes regarding what medical treatment she should or should not receive at a future time, should she lack the capacity to make an informed decision then. Vidhi argued that the recognition of Advance Directives was a necessary extension of the right to life and the right to die with dignity under Article 21 of the Constitution, as well as the right to refuse medical treatment. Vidhi provided the Court with examples of legislation from other jurisdictions recognising advance directives and asked the Court to lay down guidelines that would grant legal validity to Advance Directives while also preventing their misuse.

A copy of Vidhi's written submissions is available here. Vidhi's intervention application can be accessed here