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To Refuse Medical Treatment

“As the end of life approaches, a loss of control over human faculties denudes life of its meaning. Chandrachud and Ashok Bhushan, gave the decision on a petition filed by NGO Common Cause in 2005 seeking a declaration that “right to die” is part of right to life under Article 21 of the Constitution.Quoting the recent nine-judge bench verdict holding right to privacy as a fundamental right, the court said the right to privacy resides in the right to liberty and in the respect of autonomy. Loss of control over the body and the mind are portents of the deprivation of liberty.M. Sikri, A.The CJI, writing the judgment for himself and Justice Kanwilkar, said, “Dignity in death has a sense of realism that permeates the right to life. There should be two independent witnesses at the time of execution of the “living will”.In a landmark and progressive judgment, the Supreme Court on Friday held that ‘right to die with dignity’ is part of right to life, a fundamental right under Article 21 of the Constitution, and allowed “living will” where, an ailing adult in his conscious mind, is permitted to refuse medical treatment or voluntarily decide not to take medical treatment to embrace death in a natural way.The bench, which also cotton athletic tape for sale included Justices A. It has a basic connect with the autonomy of the individual and the right to self-determination.In a 538-page historic verdict, a five-judge bench, headed by Chief Justice Dipak Misra, said, “The right to privacy protects autonomy in making decisions related to the intimate domain of death as well as bodily integrity.“The right of a dying man to die with dignity when life is ebbing out, and in the case of a terminally-ill patient or a person in PVS, where there is no hope of recovery, accelerating the process of death for reducing the period of suffering constitutes a right to live with dignity,” the court said.In landmark ruling, India’s top court rules ‘living will’ permissible. Supreme Court of India.A person in persistent vegetative state (PVS) can execute an “advance medical directive” or a “living will” to refuse medical treatment, the court said, laying down safeguards to prevent misuse of the provision to stop medical treatment of a terminally ill patient who reach a point of no return.The court has recognised both the concepts.

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