MARGAO: Justice M S Sonak, the senior-most presiding judge of the Bombay High Court (HC) at Goa, made history by becoming the first person in the State to register a “living will” or advance medical directive. This step was taken at an event organised by the Goa branch of the Indian Medical Association (IMA) and the Goa State Legal Services Authority (GSLSA) to release a booklet on Advanced Medical Directives (AMD), which the State operationalised, becoming the first State in India to do so.
A living will, also known as an advance directive, is a legal document that enables individuals with declining health or terminal illnesses to specify their preferences in advance. This document allows them to express their wishes regarding life-sustaining treatment, including the use of life support, in the event they become unable to communicate due to a vegetative state or other incapacitating condition.
Justice Sonak’s decision to publicly register his living will was aimed at setting an example for the rest of the State on how an AMD can be executed.
“This is a momentous occasion. Goa is the first State which has formalised to some extent the implementation of the directives issued by the Supreme Court (SC) of India,” Justice Sonak said at the event. “Let us be fair that all of us have these thoughts; it is not just the people of Goa, but people all over. But there is always a difference between having good thoughts and taking the first steps to implement them,” he added.
The registration process involved Justice Sonak signing his living will in the presence of two witnesses, Registrar Dinesh Shetty and IMA Goa President Dr Sandesh Chodankar. A copy of his will was also handed over to his family doctor, Dr Shekhar Salkar, former chairman of the Goa Medical Council.
Justice Sonak acknowledged the significance of the occasion, stating, “We are all extremely busy living our lives, and that gives us hardly any time to contemplate end-of-life issues, which are inevitable, and for which we must start preparing a little early. This is a beginning, and there will be some teething issues, which shall be overcome. A first step in the correct direction has been taken.”
Dr Chodankar, said preliminary discussions for the operationalization of advance medical directives were held in February, and within a short period of time, and with support from the HC and GSLSA, the mechanism for implementation has been put in place.
Officials explained that a person who wants to make a living will’ must draft it as per the reference format in the presence of two witnesses. The ‘will’ then must be certified by a gazetted officer or a notary and forwarded to the main Mamlatdar of the taluka, who shall then send it to the nodal officer appointed by the District Collector for safe custody.
It may be recalled that in 2018, the SC recognised living wills of terminally ill patients and issued guidelines for regulating passive euthanasia, including the execution and enforcement of advance directives.
Thereafter, in 2023, the SC modified its judgment to simplify the process by removing the involvement of judicial magistrates. These guidelines remain in force until Parliament enacts a law on the subject. Goa became the first state to implement the SC guidelines within 45 days.
