PRACTICAL IMPLEMENTATION OF LIVING WILLS IN INDIA: CHALLENGES AND WAY FORWARD

A living will lets people say what medical treatment they want if they cannot speak for themselves. In India, the right to die with dignity under Article 21 has grown through court rulings, especially the Common Cause decision in 2018 and easier procedures were added in 2023. However, living wills are still not commonly used. This blog examines the difference between legal approval and what actually happens. It highlights main problems such as limited public knowledge, cultural unease about discussing death, complex procedures for creating or cancelling living wills and the lack of a central record system. It also briefly compares other countries' methods that offer more flexible, independence-focused approaches. It is argued that court rules alone are insufficient to ensure living wills work well. A broader approach is needed, including clear laws, simpler steps, protections within institutions, public education campaigns, and ways to track progress. These actions are important for changing living wills from a legal idea into a practical, accessible tool in India.