Living Will: In Compliance With SC Order, CMM (Central) Designated To See Its Execution Is Voluntary

In compliance with the Supreme Court’s order, which recognised “living will” or “advance directive” by terminally ill patients for passive euthanasia, the Chief Metropolitan Magistrate (Central) has been designated as the magistrate to countersign the “advance directive”.

An order issued by Delhi District and Sessions Judge (Headquarters) Talwant Singh stated that the CMM (Central) would be the designated magistrate to countersign the advance directive and to ensure that the same has been executed voluntarily and also perform all tasks as laid down by the apex court in its judgment delivered in March.

It is to be noted that in March this year, a five-judge constitution bench of the apex court had passed a landmark verdict in case titled Common Cause v. Union of India recognizing living will made by terminally-ill patients for passive euthanasia.

It had then directed that a living will shall be signed by the executor in the presence of two attesting witnesses and countersigned by the jurisdiction Judicial Magistrate First Class (JMFC) so designated by the concerned district judge.

The JFMC and also the witnesses are also required to record their satisfaction that the document has been executed voluntarily.

The JFMC, as per the apex court directions, will preserve one copy of the document and forward a copy to the Registry of the District Judge.

He shall also inform the immediate family of the executor about the living will if they were not present at the time of the execution and forward one copy to the family physician, if any.