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Speaker

Senior Advocate, Karnataka High Court

Date & Time

Saturday Sat, 13 Apr 2024

Categories

Location

Bangalore International Centre
7, 4th Main Road, Domlur II Stage
Bangalore, Karnataka 560071 India

An Advance Medical Directive (AMD) (usually misunderstood as a Living Will) recognizes the right of a person to choose the nature of medical treatment that he/she would like to be withheld. It is an extension of the principle of the right to die with dignity. An AMD is a person’s advanced exercise of autonomy on the subject of the level of medical intervention they intend to accept on their own body at a time when they may not be able to express their views. The objective and intent of an AMD are to convey a person’s medical care preferences if they lose their ability to make decisions.

In March 2018, the Supreme Court of India, in a landmark judgement, recognized the right of a terminally ill person to execute an Advance Medical Directive. AMD helps in protecting basic human autonomy, while also shedding light on the concept of dignity in death. However, it is still a new concept in India and early last year the Supreme Court modified its guidelines for the execution of the Living Will.

This session by Mr. Shiv Kumar will delve into the Advanced Medical Directive and will examine the ingredients of an AMD, its legal nuances, how and when it can be made, and its consequences. It will be followed by a Q&A session with the audience and enable a discussion on the barriers that impact the efficacy of the AMD.

In collaboration with Silver Talkies, a social enterprise focused on making active ageing a desirable and viable goal for older adults:

Speaker

Shiv Kumar

Senior Advocate, Karnataka High Court

Shiv Kumar is a Senior Advocate with over 50 years of active practice at the Karnataka High Court. He established the Elders Helpline over 18 years ago at the Police Commissioners’ Office to render pro bono legal services to the have-nots of society. Being a Certified Mediator, and a Master Trainer in Mediation, which is a statutorily recognised Alternative Dispute Resolution Mechanism both in Family Law and Commercial Law, he is committed to Mediation as a tool for conflict resolution as it successfully dispenses the need to seek legal redress in a Court of Law. Apart from being a certified Mediator he is also a designated Master Trainer at the Bangalore Mediation Centre which is an initiative of the High Court of Karnataka. He authored a draft legislation exclusively for Elders that was presented for public discussion and the existing Law has drawn substantially from such legislation. He has also been a part of the Committee that has recommended amendments to the existing Maintenance Act. Aside from his professional pursuits he is a Theatre artist and has acted and directed several plays in English. He has acted in Hindi and Kannada TV serials.