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LATEST NEWS UPDATES | Lawyers voice euthanasia misuse fear -R Balaji

Lawyers voice euthanasia misuse fear -R Balaji

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published Published on Mar 11, 2018   modified Modified on Mar 11, 2018
-The Telegraph

New Delhi: Eminent advocate K.T.S. Tulsi has decided to take the lead among Indians in penning a living will, but most lawyers feel that Friday's Supreme Court judgment legalising passive euthanasia is open to misuse in a country notorious for property disputes.

"I haven't yet written my living will but shall definitely do so," Tulsi, a Rajya Sabha member, told The Telegraph on Saturday while welcoming the judgment.

The court said the life of a patient in a permanently vegetative state can be ended with her or her family's consent if there's no hope of recovery, as certified by a medical board supervised by a first-class judicial magistrate.

If the person has not left behind a living will or "advance directive", a medical board can take the decision with the family's consent.

Tulsi believes that the safeguards the court has mandated, both in respect of the drafting of the "advance directive" and its execution, leave little room for misuse.

"When I have a sound mind and approach a court saying I want to write an advance directive, where's the question of misuse?" he said.

"I shall name an executor who will take the responsibility of executing the will; so where's the problem? Otherwise, imagine the fate of the families of people who can't afford treatment and get bankrupt."

Tulsi said that even some senior advocates had had all their savings wiped out by hospital bills.

"They are unable to pay the medical bills. It's a big racket in hospitals. They (the courts) want to prevent the wasteful expenditure. Why should hospital space be occupied by people who are hopeless cases?"

Most senior lawyers, however, fear misuse of the judgment. "Passive euthanasia is bound to be misused in India, particularly for usurping the properties of others," veteran advocate Arunachalam Radhakrishna said.

"Suppose a person meets with an accident or is bedridden - there will be people trying to usurp his property. An advance directive can be forged in connivance with hospital authorities."

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The Telegraph, 11 March, 2018, https://www.telegraphindia.com/india/lawyers-voice-euthanasia-misuse-fear-214848


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