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The Advance Directive can be executed only by an adult who is of a sound and healthy state of mind and in a position to communicate, relate and comprehend the purpose and consequences of executing the document.
IN THE SUPREME COURT OF INDIA
CIVIL ORIGINAL JURISDICTION
WRIT PETITION (CIVIL) NO. 215 OF 2005
Common Cause (A Regd. Society) ...Petitioner(s)
Versus
Union of India and Another …Respondent(s)
J U D G M E N T
Dipak Misra, CJI [for himself and A.M. Khanwilkar, J.]



S. No.
Heading
A.
B.
C.
D.

D.1
D.2
D.3
D.4
E.
F.
G.
H.
Euthanasia : International Position

H.1
U.K. Decisions:
H.1.1
H.1.2
H.2
H.3
H.4
H.5
H.6
I
J.
K.
K.1
L
M.
N.
O.
P.

(a)
Who can execute the Advance Directive and how
(b)
What should it contain?
(c)
How should it be recorded and preserved
(d)
When and by whom can it be given effect to
(e)
What if permission is refused by the Medical Board
(f)
Revocation or inapplicability of Advance Directive
Q.
Conclusions in seriatim

(a) Who can execute the Advance Directive and how?


(i) The Advance Directive can be executed only by an adult who is of a sound and healthy state of mind and in a position to communicate, relate and comprehend the purpose and consequences of executing the document.

(ii) It must be voluntarily executed and without any coercion or inducement or compulsion and after having full knowledge or information.

(iii) It should have characteristics of an informed consent given without any undue influence or constraint. 

(iv) It shall be in writing clearly stating as to when medical treatment may be withdrawn or no specific medical treatment shall be given which will only have the effect of delaying the process of death that may otherwise cause him/her pain, anguish and suffering and further put him/her in a state of indignity.

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