In a landmark development, Justice M S Sonak of the Bombay High Court’s Goa Bench has become the first individual in Goa to register a “living will.” This significant event was marked by a ceremony on Friday, organized by the Indian Medical Association’s Goa branch and the Goa State Legal Services Authority (GSLSA).
Importance on Advance Care Planning
During the ceremony, Justice Sonak stressed the importance of preparing for end-of-life decisions. He observed, “This is a momentous occasion. We often become engrossed in our daily lives and overlook the inevitability of life’s end. It is imperative that we contemplate and prepare for these realities well in advance.”
Legal Framework for Living Wills
The concept of a living will, which permits individuals to specify their medical preferences in situations where they are incapacitated, was reinforced by the Supreme Court’s 2018 ruling that legalized passive euthanasia under stringent guidelines. These guidelines were further refined in 2023 to simplify the process for drafting and registering living wills.
Goa’s Leadership in Implementing Advance Directives
Justice Sonak highlighted Goa’s leading role in formalizing the use of advance medical directives. He stated, “Goa has taken a significant step in implementing the directives from the Supreme Court. While initial challenges may arise, these are merely transitional issues that will be resolved as the process evolves.”
Procedural Requirements for Drafting a Living Will
According to the established guidelines, a living will must be drafted in a prescribed format, in the presence of two witnesses, and certified by a gazetted officer or a notary. The document is then submitted to the Mamlatdar of the respective taluka for further processing and safekeeping.
Personal Anecdote Highlights Emotional and Ethical Significance
Dr. Shekhar Salkar, a noted oncosurgeon and former chairman of the Goa Medical Council, shared a personal account regarding the peaceful passing of his father, underscoring the emotional and ethical significance of such decisions. He reflected, “Deciding to end life support and allowing my father to pass away peacefully at home was the most humane decision we could make. This highlights the importance of having advance directives in place.”
Rapid Advancement in Implementing Advance Medical Directives
Dr. Sandesh Chodankar, president of the IMA’s Goa branch, expressed satisfaction with the swift progress in operationalizing advance medical directives. He noted that preliminary discussions commenced in February, and with strong support from the judiciary and the GSLSA, the implementation mechanism was quickly established.