Justice MS Sonak of the Bombay High Court at Goa has become the first individual in the state to register a 'living will,' marking a significant milestone in the implementation of medical directives in Goa. This achievement was announced during an event organized by the Goa branch of the Indian Medical Association (IMA).
Understanding the Living Will
A living will, also known as an advance directive, is a legal document that allows individuals to outline their preferences for medical treatment in case of severe health deterioration or terminal illness. This includes decisions such as opting out of life support if they are unable to communicate their wishes. These directives ensure that hospitals can follow the individual's specified treatment preferences if their health significantly declines.
Event Highlights and Key Participants
Justice Sonak publicly registered his living will during an event hosted by the IMA Goa branch to introduce a booklet on Advance Medical Directives. This event marked Goa as the first state in India to operationalize such directives. The event was attended by HC Registrar at Goa Dinesh Shetty and IMA Goa President Dr. Sandesh Chodankar, who served as witnesses for Justice Sonak's will. Additionally, a copy of the will was handed over to his family doctor, Dr. Shekhar Salkar, former chairman of the Goa Medical Council. Justice Sonak has also pledged his organs for donation.
Supreme Court Guidelines and Implementation in Goa
The Supreme Court of India, in 2018, recognized and sanctioned passive euthanasia and living wills/advance directives. The court established guidelines for their execution and enforcement and the procedure for passive euthanasia in the absence of a living will. In 2023, the Supreme Court further simplified the process by modifying certain guidelines, including the requirement for an advance directive to be attested by a notary or gazetted officer, and removed the necessity for countersigning or preservation by a judicial magistrate. Goa has adopted these guidelines, becoming the first state to implement them.
Promoting Awareness and Preparedness
Justice Sonak emphasized the importance of preparing for end-of-life issues, often neglected due to the busyness of life. He expressed hope that his example would encourage others to take proactive measures in this regard. Dr. Sandesh Chodankar praised the collaborative efforts between the IMA, the High Court of Bombay at Goa, and the Goa State Legal Services Authority (GSLSA) in establishing a system for implementing advance medical directives. Preliminary discussions began in February, and with collective support, the operational framework was promptly put in place.
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