Bombay High Court judge Justice M S Sonak files first living will

In a landmark development, Justice M S Sonak, a judge of the Goa Bench of the Bombay High Court, became the first person to file a “living will” in Goa, setting a precedent for advance medical directives in the state. The event was marked by a ceremony on Friday, organised by the Goa branch of the Indian Medical Association and the Goa State Legal Services Authority (GSLSA).

During the ceremony, Justice Sonak emphasised the importance of preparing for end-of-life decisions. “This is a momentous occasion. We often get so busy with day-to-day activities that we forget the inevitable end of life. It is essential that we think about these realities and prepare in advance,” he said.

The concept of “living will”, which allows individuals to state their medical preferences in situations when they are unable to communicate their decisions, was backed by a 2018 Supreme Court judgment that legalised passive euthanasia under strict guidelines. These guidelines were further refined in 2023, simplifying the process of drafting and registering a living will.

Justice Sonak also highlighted the pioneering role Goa has played in formalising the use of advance medical directives. “Goa has taken a significant step by starting to implement the Supreme Court directions. There may be teething challenges, but these are only teething problems that we will resolve as we go forward,” he said.

As per the established guidelines, a living will must be prepared as per a prescribed format in the presence of two witnesses and attested by a gazetted officer or a notary. It is then submitted to the mamlatdar of the concerned taluka for further processing and safekeeping.

Renowned oncosurgeon and former president of the Goa Medical Council, Dr Shekhar Salkar, shared a personal anecdote about the peaceful death of his father, emphasising the emotional significance of such a deep decision-making ability. He said, “The decision to withdraw life support and let my father go home peacefully was most humane. It shows how important it is to have such directives.”

Dr Sandesh Chodankar, president of the Goa branch of the Indian Medical Association, expressed satisfaction at the rapid progress in implementing advance medical directives. He informed that initial discussions began in February, and with the strong support of the judiciary and the GSLSA, the implementation mechanism was swiftly put in place.

Courtesy : Hindi News