Justice MS Sonak Of Bombay High Court Registers Goa's First 'Living Will'

A living will, also known as an advance directive, is a legal document that allows individuals with deteriorating health or terminal illness to outline their wishes regarding medical treatment. This includes the choice to not remain in a vegetative state on life support if they reach a condition where they cannot express their wishes. The document can be presented to a hospital for appropriate action if the individual's health declines.

Justice Sonak registered his living will publicly during an event organized by the Goa branch of IMA to release a booklet on Advance Medical Directives, making Goa the first state in India to operationalize such directives. The event also saw the presence of HC Registrar at Goa Dinesh Shetty and IMA Goa President Dr. Sandesh Chodankar, who served as witnesses for Justice Sonak's will. A copy of the will was also handed over to his family doctor, Dr. Shekhar Salkar, former chairman of the Goa Medical Council. Earlier, Justice Sonak has also pledged his organs for donation.

The Supreme Court of India had, in 2018, recognized and sanctioned passive euthanasia and living wills/advance directives. The court issued guidelines for the execution and enforcement of these directives and the procedure for passive euthanasia in the absence of a living will. In 2023, the Supreme Court further eased the process for passive euthanasia by modifying certain guidelines. As per the 2023 modifications, it is sufficient for an advanced directive to be attested before a notary or a gazetted officer. The requirement for it to be countersigned or preserved by a judicial magistrate has been dispensed with. Further, the judicial magistrate was required to forward a copy of the document to the registry of the jurisdictional district court, which would have to retain the document in the original format. This requirement was deleted by the 2023 SC order.

Goa has implemented these guidelines, becoming the first state to do so. The process for creating a living will in Goa involves drafting the will in the presence of two witnesses, getting it attested by a gazetted officer or notary public, and depositing it with the State Revenue Department Office. These documents are then collected and stored by the Additional District Collectors' Office.

Justice Sonak emphasized the importance of preparing for end-of-life issues, which are often overlooked due to the busy nature of life. He hoped that by setting an example, more people would take proactive steps in this direction.

Dr. Sandesh Chodankar acknowledged the collaborative efforts between the IMA, the High Court of Bombay at Goa, and the Goa State Legal Services Authority (GSLSA) in establishing the mechanism for the implementation of advance medical directives. Preliminary discussions had commenced in February, and with collective support, the operational structure was put in place promptly, he said.

Dr. Shekhar Salkar shared a personal anecdote, reflecting on his father's passing and the importance of making informed decisions about end-of-life care. He highlighted the emotional significance of having a peaceful and dignified end.