Abstract

http://ssrn.com/abstract=2305897
 


 



Living Wills in India: A Safeguard to a Patient's Right to Death with Dignity


Bhargavi Vadeyar


National Law University, Delhi

Lavanya Singh


National Law University, Delhi

August 5, 2013


Abstract:     
With the growth of human rights in recent times, the right to a death with dignity has gained recognition in connection with euthanasia. In medical ethics, this right is closely linked to the central principle of self-determination or patient autonomy. In India, the landmark Supreme Court judgement of Aruna Ramchandra Shanbaug v. Union of India and Ors. recognized this right and legalized passive euthanasia in 2007.

Through this paper, we will attempt to analyze the judgement’s effectiveness in protecting a patient’s right to death with dignity. We will question whether the method suggested by the Supreme Court is in compliance with the highly important medical ethics principle of a patient’s right to self-determination and autonomy and whether this principle could be better achieved through the implementation of living wills in India. We will therefore attempt to analyze methods for the implementation of the machinery that such living wills would require by examining the machinery for the same in other countries. Through this paper, we hope to develop a method for securing the autonomy and right to death with dignity of every patient.

Number of Pages in PDF File: 15

Keywords: Living wills, death with dignity, euthanasia, India, Aruna Shanbaug, Gian Kaur, Airdale, self-determination, Mental Capacity Act

working papers series





Download This Paper

Date posted: August 15, 2013  

Suggested Citation

Vadeyar, Bhargavi and Singh, Lavanya, Living Wills in India: A Safeguard to a Patient's Right to Death with Dignity (August 5, 2013). Available at SSRN: http://ssrn.com/abstract=2305897 or http://dx.doi.org/10.2139/ssrn.2305897

Contact Information

Bhargavi Vadeyar (Contact Author)
National Law University, Delhi ( email )
Sector- 14, Dwarka
Dwarka
New Delhi, 110078
India
Lavanya Singh
National Law University, Delhi ( email )
Sector- 14, Dwarka
Dwarka
New Delhi, 110078
India
Feedback to SSRN


Paper statistics
Abstract Views: 547
Downloads: 152
Download Rank: 114,931

© 2014 Social Science Electronic Publishing, Inc. All Rights Reserved.  FAQ   Terms of Use   Privacy Policy   Copyright   Contact Us
This page was processed by apollo7 in 0.375 seconds