The top court held that when the right of an adult person who expresses his desire for medical treatment can be regarded to be flowing from Article 21 of the Constitution then the patient's right who is unable to express his view cannot be outside Article 21.
"When an adult person having mental capacity to take a decision can exercise his right not to take treatment or withdraw from treatment, the above right cannot be negated for a person who is not able to take an informed decision due to terminal illness or being a persistent vegetative state," Justice Ashok Bhushan said in his separate judgement.
Dealing with the mechanism for refusal to take treatment in case of such persons, Justice Bhushan said there are other stakeholders like the family members and the doctors treating the terminally-ill patient who can help the patient in this situation.
"We also are of the opinion that in cases of incompetent patients who are unable to take an informed decision, it is in the best interests of the patient that the decision be taken by competent medical experts and that such decision be implemented after providing a cooling period at least of one month to enable aggrieved person to approach the Court of Law.
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