You can make a living will

CaseCommon Cause v. Union of IndiaCourtSupreme Court of IndiaDecided9 Mar 2018Bench5 judges
In one line

The right to die with dignity is part of the right to life, and living wills are valid.

What happened

A public interest group asked the court to recognise a person’s right to refuse life support when there is no hope of recovery.

What the court decided

  • The right to live with dignity includes dignity in the process of dying, under Article 21.
  • Passive euthanasia (withdrawing life support) is allowed with safeguards.
  • An adult of sound mind can make an advance medical directive (living will). In January 2023 the court simplified the process, so a notary or gazetted officer can attest it.

What it means for you

  • You can write down, in advance, what treatment you do or do not want if you cannot decide later.
  • Name a trusted person and tell your family and doctor where the document is kept.
  • Hospital medical boards review the decision, so the process has safeguards.

Source: Judgment of the Supreme Court of India in Common Cause v. Union of India, decided on 9 Mar 2018.

Living Will (Advance Medical Directive)Drafted & signed by an advocate · Within 24 hours

This summary is general information, not legal advice for your situation. Laws change; talk to an advocate before acting.

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