On December 2, the Kerala High Court issued a directive to the Kochi Municipal Corporation, ordering it to appoint a competent officer within a week to serve as the custodian of living wills. This decision came in response to a petition filed by Dr. Martha Jacob, a 70-year-old retired doctor, who had been unable to execute her living will due to the lack of a designated custodian by the local authorities.
The interim order was passed after the Court found that Dr. Jacob had made a prima facie case for urgent action. Justice CS Dias stated, “I am satisfied that the petitioner has made out a prima facie case for an ad-interim order. Hence, I am of the view that the 2nd respondent (Kochi Corporation) is to be directed to immediately nominate a competent officer to enable the petitioner to deposit Ext.P2 living will with the said officer. As a result, the 2nd respondent is directed to nominate a competent officer within a week from today.”
Dr. Jacob, who had suffered a stroke in May 2023, executed her living will in September 2023. As she was bedridden and heavily reliant on caregivers, she feared losing her ability to make medical decisions in the future. To ensure her wishes regarding end-of-life care would be respected, she prepared a living will.
A living will, or advance directive, allows individuals to outline their medical preferences for when they are no longer able to make decisions due to declining health. This document enables patients to decline life support in situations where they are in a vegetative state, providing guidance for medical professionals regarding the patient’s wishes.
In 2018, the Supreme Court recognized the validity of living wills in the Common Cause v Union of India case, affirming the right to die with dignity under Article 21 of the Constitution. The Court also issued guidelines for the execution of living wills, mandating that copies be submitted to local authorities, who are required to appoint a competent official to act as the custodian of the will.
Dr. Jacob’s petition highlighted the difficulty in executing a living will without the involvement of local authorities to verify its authenticity. She pointed out that without a custodian, even a doctor could not act on the directives during a medical emergency.
In addition to asking the Court to direct the Kochi Corporation to appoint a custodian, Dr. Jacob also called for the State to ensure that all local bodies in Kerala appoint similar custodians.
Given Dr. Jacob’s critical health condition, the Court ordered the Kochi Corporation to appoint a custodian within a week, allowing Dr. Jacob to deposit her living will with the designated officer. The case will be further heard on January 7, 2025.
The petition was filed by advocates Jikku Seban George, Deepti Susan George, and Babitha Babu.
