After SC Ruling On Euthanasia, A 35 YO Man In UP Becomes The ‘First’ Indian To Register A Living Will

Following the Supreme Court's decision allowing passive euthanasia for terminally-ill patients earlier this month, an advocate in Uttar Pradesh's Kanpur city has reportedly become the first person in India to register a "living will".

Thirty-five-year-old Sharad Kumar Tripathi, who is an advocate by profession, has given authority to junior advocate Amitesh Singh to decide on his health, in case of him becoming terminally-ill in the future.

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On Saturday, Tripathi arrived at the registry office to file a "living will". In his will, Tripathi stated that in case he suffers from an incurable disease, or goes into a coma, Singh will be legally entitled to take a decision on whether he should be kept on the Life Support System, or not.

The registry of the 'living will' was made possible earlier this month when the apex court allowed passive euthanasia or withholding treatment essential to life for a terminally-ill patient.

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According to the guidelines, the will, which can only be executed by an adult of a sound and healthy state of mind, should be signed by the executor in the presence of two attesting witnesses and countersigned by the jurisdictional Judicial Magistrate of First Class (JMFC).?

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The witnesses and JMFC shall record their satisfaction that the document has been executed voluntarily and without any coercion. The JMFC shall preserve one copy of the document in his office and shall forward one copy to the registry of the jurisdictional district court for being preserved. The JMFC shall inform the immediate family members of the executor, if not present at the time of execution. A copy shall be handed over to the competent officer of the local Government.

The will should clearly indicate the decision relating to the circumstances in which withdrawal of medical treatment can be resorted.

The will should also specify the name of a guardian or close relative who, in the event of the executor becoming incapable of taking a decision, will be authorised to give consent for withdrawal of treatment.