Justice M S Sonak, serving on the Goa Bench of the Bombay High Court, made history in Goa by registering a ‘living will’ on Friday, an advance medical directive for his family for times when he cannot make decisions for himself.
“This is a significant moment. We are all so engrossed in our lives that we hardly have time to think about end-of-life issues… which are inevitable, and for which we should start preparing early,” Justice Sonak said at an event organized by the Goa branch of the Indian Medical Association (IMA) and the Goa State Legal Services Authority (GSLSA).
In 2018, the Supreme Court legalized passive euthanasia, provided the person had a “living will,” a written document specifying actions to be taken if the person cannot make their own medical decisions in the future. The Supreme Court allowed passive euthanasia while recognizing the living wills of terminally-ill patients who could enter a permanent vegetative state and issued guidelines regulating the procedure. In 2023, the Supreme Court eased the process for passive euthanasia by amending certain existing guidelines for living wills.
“Goa is the first state to some extent that has formalized the implementation of directives issued by the Supreme Court. This is a beginning and there will be some initial challenges, which we will overcome. A first step in the right direction has been taken,” Justice Sonak said at the event, where a booklet on advance medical directives was released.
Officials stated that Goa is the first state to implement and operationalize advance medical directives. According to the guidelines, a person who wants to create a living will must draft it as per the reference format in the presence of two witnesses. The will must then be duly certified by a gazetted officer or a notary and forwarded to the main Mamlatdar of the taluka, who will then send it to the nodal officer appointed by the District Collector for safekeeping.
Dr. Shekhar Salkar, an oncosurgeon and former chairman of the Goa Medical Council, shared a personal story, saying, “Today is an emotional day for me. My father died in March 2007. He was put on a ventilator twice. When he was about to be put on a ventilator for the third time, I thought it was unlikely to benefit him. I had to make a decision. So, I consulted with my siblings and explained to them that it would be better to take him home. I feel it was the best decision I could have made at that time. He passed away at home after three days… he breathed his last in my arms. His peaceful exit was very important.”
Dr. Sandesh Chodankar, president of the IMA’s Goa branch, mentioned that preliminary discussions for operationalizing advance medical directives were held in February. With support from the High Court of Bombay at Goa and the GSLSA, the mechanism for implementation has been put in place in a short period of time.
