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The concept of living wills, as a form of advance medical directive, plays a crucial role in safeguarding an individual’s right to refuse medical treatment in cases of terminal illness or incapacitation. This research paper critically examines the legal framework governing living wills, focusing on judicial precedents and associated legal challenges. The paper specifically delves into the Indian legal landscape, analyzing landmark judgments such as Aruna Shanbaug v. Union of India (2011) and Common Cause v. Union of India (2018), which recognized passive euthanasia and provided guidelines for the execution of living wills. Despite these judicial advancements, several challenges persist, including procedural complexities, ethical dilemmas, and the absence of a comprehensive statutory framework. The study also highlights international best practices and proposes recommendations for strengthening the legal framework in India, ensuring greater clarity, accessibility, and protection of individual autonomy. Through a doctrinal research approach, this paper aims to provide a critical evaluation of the role of living wills in end-of-life decision-making, addressing legal, ethical, and practical concerns while suggesting a structured legal approach for their implementation.
Keywords:
living wills, advance directives, euthanasia, legal challenges, autonomy
Cite Article:
"Analysing Living Wills: Legal Issues and Judicial Precedents", International Journal for Research Trends and Innovation (www.ijrti.org), ISSN:2455-2631, Vol.10, Issue 3, page no.a667-a675, March-2025, Available :http://www.ijrti.org/papers/IJRTI2503085.pdf
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ISSN:
2456-3315 | IMPACT FACTOR: 8.14 Calculated By Google Scholar| ESTD YEAR: 2016
An International Scholarly Open Access Journal, Peer-Reviewed, Refereed Journal Impact Factor 8.14 Calculate by Google Scholar and Semantic Scholar | AI-Powered Research Tool, Multidisciplinary, Monthly, Multilanguage Journal Indexing in All Major Database & Metadata, Citation Generator