Euthanasia - Who can Execute the Advance Directive and How?

The Advance Directive can be executed only by an adult who is of a sound and healthy state of mind and in a position to communicate, relate and comprehend the purpose and consequences of executing the document.

IN THE SUPREME COURT OF INDIA

CIVIL ORIGINAL JURISDICTION

WRIT PETITION (CIVIL) NO. 215 OF 2005

Common Cause (A Regd. Society) ...Petitioner(s)

Versus

Union of India and Another …Respondent(s)

J U D G M E N T

Dipak Misra, CJI [for himself and A.M. Khanwilkar, J.]

I N D E X

S. No.	Heading
A.	Prologue
B.	Contentions in the Writ Petition
C.	Stand in the counter affidavit and the applications for intervention
D.	Background of the Writ Petition
	D.1	P. Rathinam’s case – The question of unconstitutionality of Section 309 of the Indian Penal Code
	D.2	Gian Kaur’s case – The question of unconstitutionality of Section 306 of the Indian Penal Code
	D.3	The approach in Aruna Shanbaug qua Passive Euthanasia vis-à-vis India
	D.4	The Reference
E.	Our analysis of Gian Kaur
F.	Our analysis of Aruna Shanbaug qua legislation
G.	The Distinction between Active and Passive Euthanasia
H.	Euthanasia : International Position
	H.1		U.K. Decisions:
	H.1.1		Airedale Case
	H.1.2		Later Cases
	H.2		The Legal position in the United States
	H.3		Australian Jurisdiction
	H.4		Legal position in Canada
	H.5		Other Jurisdictions
	H.6		International considerations and decisions of the European Court of Human Rights (ECHR)
I	The 241st Report of The Law Commission of India on Passive Euthanasia
J.	Right to refuse treatment
K.	Passive Euthanasia in the context of Article 21 of the Constitution.
	K.1	Individual Dignity as a facet of Article 21
L	Right of self-determination and individual autonomy
M.	Social morality, medical ethicality and State interest
N.	Submissions of the States
O.	Submissions of the Intervenor (Society for the Right to Die with Diginity)
P.	Advance Directive/Advance Care Directive/ Advance Medical Directive
	(a)	Who can execute the Advance Directive and how
	(b)	What should it contain?
	(c)	How should it be recorded and preserved
	(d)	When and by whom can it be given effect to
	(e)	What if permission is refused by the Medical Board
	(f)	Revocation or inapplicability of Advance Directive
Q.	Conclusions in seriatim

(a) Who can execute the Advance Directive and how?

(i) The Advance Directive can be executed only by an adult who is of a sound and healthy state of mind and in a position to communicate, relate and comprehend the purpose and consequences of executing the document.

(ii) It must be voluntarily executed and without any coercion or inducement or compulsion and after having full knowledge or information.

(iii) It should have characteristics of an informed consent given without any undue influence or constraint.

(iv) It shall be in writing clearly stating as to when medical treatment may be withdrawn or no specific medical treatment shall be given which will only have the effect of delaying the process of death that may otherwise cause him/her pain, anguish and suffering and further put him/her in a state of indignity.

Presumptions are the Bats of the Law, Flitting in the Twilight, but Disappearing in the Sunshine of Actual Facts [ORDER]

Negotiable Instruments Act, 1881 - Section 138 - failure on the part of the complainant to produce his account statement and absence of entry in accounts maintained by him regarding loan advanced to the accused, does show that there was no material to support the basic facts on which the entire case of the complainant was based. Sufficient material was available on record whereby the defence of the accused became probable. In such a situation, the presumption under the provisions of the Act ceased to operate and the burden fell upon the complainant to prove his case, which he failed to do by placing on record cogent evidence.

Adverse Possession | Ravinder Kaur Grewal v. Manjit Kaur, C.A. No. 7764 of 2014 07-08-2019 SC

SUPREME COURT OF INDIA | Arun Mishra , S. Abdul Nazeer & M.R. Shah C.A. No.7764 of 2014 with S.L.P. (C) Nos. 8332 - 8333 of 2014 Radhakrishna Reddy (d) Through Lrs. v. G. Ayyavoo & Ors. August 07, 2019 Limitation Act, 1963 - Article 65 - Adverse Possession - Plea of acquisition of title by adverse possession can be taken by plaintiff under Article 65 of the Limitation Act and there is no bar under the Limitation Act, 1963 to sue on aforesaid basis in case of infringement of any rights of a plaintiff. A person in possession cannot be ousted by another person except by due procedure of law and once 12 years' period of adverse possession is over, even owner's right to eject him is lost and the possessory owner acquires right, title and interest possessed by the outgoing person/owner as the case may be against whom he has prescribed. In our opinion, consequence is that once the right, title or interest is acquired it can be used as a sword by the plaintiff as well...

Anticipatory Bail in Attempt to Murder Cases (Section 307 IPC) : What is Important to Note [Case Law]

Code of Criminal Procedure, 1973 - Section 438 - Grant of Anticipatory Bail - While considering the application under Section 438, the Court has to see the nature and gravity of the accusation and the antecedents of the applicant which includes whether he has been previously undergone imprisonment on conviction in respect of any cognizable offence, the possibility of the applicant fleeing from justice and whether the accusation has been made with an object of injuring or humiliating the applicant by having him so arrested. [Para 12]

FIRST LAW

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