top of page

Indian 'Living Wills': Legal Framework, Ethical Implications, And Practical Challenges




Narri Aashritha, Symbiosis Law School, Pune


ABSTRACT


Given the diminished capacity, life-sustaining treatment is frequently stopped in intensive care units (ICUs) without the patient's agreement, and families are left to make upsetting and occasionally unrepresentative decisions. Living wills, also known as advance directives (ADs), safeguard autonomy by empowering capable persons to decline future medical care. ADs represent fundamental rights to dignity and are legally binding in England and Wales under the Mental Capacity Act 2005. They were also upheld in India in the Common Cause v. Union of India (2018) case. Though moral quandaries continue to arise in the face of technological advancements, ethical grounds include resource allocation, religious freedom, and physiological autonomy. Clear foundations, practitioner instruction, and the possibility of moving towards required directives are all encouraged by legal scholarship.



Indian Journal of Law and Legal Research

​

Abbreviation: IJLLR

​

ISSN: 2582-8878

​

Website: www.ijllr.com

​

Accessibility: Open Access

​

License: Creative Commons 4.0

​

Submit Manuscript: Click here

​

Licensing: ​

 

All research articles published in The Indian Journal of Law and Legal Research are fully open access. i.e. immediately freely available to read, download and share. Articles are published under the terms of a Creative Commons license which permits use, distribution and reproduction in any medium, provided the original work is properly cited.

 

Disclaimer:

​

The opinions expressed in this publication are those of the authors. They do not purport to reflect the opinions or views of the IJLLR or its members. The designations employed in this publication and the presentation of material therein do not imply the expression of any opinion whatsoever on the part of the IJLLR.

bottom of page