High Court judge becomes first in Goa to register ‘living will’

The Supreme Court had in 2018 legalised passive euthanasia, contingent upon the person having a “living will”, or a written document that specifies the actions to be taken if the person is unable to make their own medical decisions in the future. The Supreme Court had allowed passive euthanasia while recognising the living wills of terminally-ill patients who could go into a permanent vegetative state and issued guidelines regulating the procedure. In 2023, the Supreme Court eased the process for passive euthanasia by changing certain existing guidelines for living wills.

“Goa is the first state that has formalised, to some extent, the implementation of directives issued by the Supreme Court. This is a beginning and there will be some teething issues, which shall be overcome. A first step in the correct direction has been taken,” Justice Sonak said at the event, at which a booklet on advance medical directives was also released.

Officials said Goa is the first state to implement and operationalise advance medical directives. As per the guidelines, a person who wants to make a living will must draft it as per the reference format in the presence of two witnesses. The will then has to be duly certified by a gazetted officer or a notary, and forwarded to the main Mamlatdar of the taluka, who shall then send it to the nodal officer appointed by the District Collector for safe custody.

Dr Shekhar Salkar, oncosurgeon and former chairman of Goa Medical Council, said, “Today is an emotional day for me. My father died in March 2007. He was put on a ventilator twice. When he was about to be put on a ventilator for the third time, I thought it was unlikely to be of any benefit to him. I had to make a decision. So, I consulted with my siblings, and explained to them that it would be better that we take him home. I feel it was the best decision I could have taken at that time. He passed away at home after three days…he breathed his last in my arms. His peaceful exit was very important.”

Dr Sandesh Chodankar, president of the IMA’s Goa branch, said preliminary discussions for the operationalisation of advance medical directives were held in February, and within a short period of time and with support from the High Court of Bombay at Goa and the GSLSA, the mechanism for implementation has been put in place.