The Complete Legal Timeline: How India’s Supreme Court Made Living Wills Possible

Living Wills weren’t always legal in India. For years, patients and families had no formal way to express medical preferences. The Supreme Court changed that through landmark judgments. Here’s a simple explanation of how we got here.

2011: Aruna Shanbaug Case

India first began discussing end-of-life rights when Aruna Shanbaug’s case reached the Supreme Court. The Court allowed passive euthanasia under strict conditions but did not permit Living Wills yet.

2018: Living Wills Become Legal

In a historic judgment, the Supreme Court recognized the right to die with dignity as part of Article 21. For the first time, Indians were allowed to create Living Wills. However, the process was complicated, requiring:

• Multiple medical boards

• Judicial magistrate approval

• Hospital committees

It was a breakthrough, but not practical.

2023: Process Simplified

The Supreme Court revisited the guidelines and made major changes:

• District Magistrate replaces judicial magistrate

• Medical board procedures simplified

• Clearer execution rules

• Easier revocation or modification

This made Living Wills far more accessible for ordinary citizens.

Why These Changes Matter

The updated rules:

• Respect patient autonomy

• Reduce family conflict

• Provide legal clarity to doctors

• Allow people to plan with dignity

Indians finally have a lawful, structured path to express their medical wishes.