The apex court declined to give any direction on the issue and said it was for the government to take a call, as it asked a group of four persons, including a Mumbai-based lawyer and three senior doctors to make a representation in this regard.
A bench headed by Chief Justice J S Khehar also said the petitioners should make a representation to the Secretary of the Ministry of Health and Family Welfare on the matter.
The court, which disposed of the petition, clarified that the petitioners would have the liberty to take appropriate action in accordance with law irrespective of the government's response -- whether affirmitive or negative.
The court also said that various issues arose as a person who is incapacitated cannot take a call on his own treatment and added that it was a legislative policy matter.
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Hegde said the plea sought to raise questions of far- reaching constitutional importance impinging upon the right of an individual to refuse medical treatment and it was not a case where a person is incapacitated.
The senior advocate also referred to the landmark apex court judgement in Vishaka case in which, in absence of the legislation, guidelines were laid down to deal with the issue of sexual harrassment against women at work place.
They sought direction to declare that any person has a right to make decisions to choose or even refuse any kind of medical treatment, which cannot be curtailed by any health care provider.
It also sought direction for framing of guidelines which shall be enforced by all health care providers until the parliament passes an appropriate bill to address the issue.
The petitioners in their plea said that last year they had sent some suggestions and comments on the issue for inclusion in a draft bill but till date they have not got any response.
"The present petition is limited to the right of a patient who does not seek to receive and obtain any kind of medical treatment," it said.
The apex court had on October 21, 2016 dismissed a petition filed by these petitioners saying it does not see any reason to interfere in the matter when Parliament was seized of the matter.
"The Petitioners say and submit that the demand of enacting the law relating to End of Life Care is not only a fundamental in nature but in consonance with International Human Rights, to which India is a signatory and the same is a part and parcel of the basic features of the Constitution," it said.
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