chandigarh

Updated: Dec 21, 2019 01:28 IST

Close to two years after the Supreme Court (SC) ruled that a person has the right to decide against artificial life support by creating a “living will”, a professor couple of Chandigarh has drawn one up to “die with dignity”.

DN Jauhar, 71, and his wife, Adarsh Jauhar, 63, got their “living wills”, also known as “advance medical directive”, executed in the presence of their family. In line with the Supreme Court’s judgment, a district and sessions judge had designated a judicial magistrate first class (JMIC) to execute their wills.

Jauhar retired as dean, Guru Nanak Dev University in 2018, and was formerly the chairman of Panjab University’s law department as well. Adarsh retired as professor from Post Graduate Government College, Sector 11, Chandigarh.

It took the couple nine months to draft their two-page “living will”, which complies with the SC judgment on passive euthanasia. In the order pronounced in March 2018, the court had upheld a person’s right to choose passive euthanasia by creating an “advance medical directive” in the eventuality of a terminal illness with no hope of recovery, an irreversible coma or a permanent vegetative state.

By contrast, active euthanasia in which death is medically administered using a lethal injection, continues to be illegal in India.

Fighting fit, Jauhar continues to work for 10 hours a day. On his decision, Jauhar said, “This is something that I am doing out of conviction. It’s a part of my academic exercise.”

Stating that one of his students had done a PhD thesis on passive euthanasia, he said, “Ultimately, I am a teacher and have to be seen as a role model by my students.”

THREE REASONS

“I am convinced for three reasons,” Jauhar said. “Right to live with dignity (Article 21 of Constitution) includes my right to die with dignity. Why should I unnecessarily be kept in misery and dragged on and on, if I am terminally ill?” he asked. His intention to donate his body and organs are the other two reasons.

He added that there were stringent safeguards put in place by the apex court, so the living will was not misused.

“The hospital needs to constitute a medical board. If it certifies that the patient cannot be cured, they will approach a magistrate and DC/ DM/ collector, who within 24 to 48 hours will constitute another board for re-examination. If the second board endorses the report of the first board, the magistrate will allow dignified death. But if there is difference in opinion, the matter will be referred to the high court for a final call,” he said.