SC paves way for passive euthanasia, acknowledges ‘living will’ of terminally ill patients
In a historic judgment, the Supreme Court Friday passed an order to allow passive euthanasia in the country. The apex court gave a nod to acknowledge “living will” requested critically-ill patients who are likely to go into a permanent vegetative state. The Court has also laid down guidelines for the same, including who would execute the will and how affirmation for passive euthanasia would be granted the medical board. A five-judge Constitution bench, headed Chief Justice of India Dipak Misra, said that the guidelines will be in force as soon as the Parliament drafts a bill on it.
I had requested for mercy killing in 2014 & PM Modi took cognizance of the same & had told local officers to look into the matter. SC has taken a good decision, we’ve hope now: Anamika Mishra, patient of Muscular Dystrophy on SC’s verdict on #Euthanasia pic.twitter.com/L59jXAbCNM
— ANI (@ANI) March 9, 2018
The five judges have drafted four distinct judgments expressing their views but made consensus on allowing passive euthanasia. The bench also consisted of justices A K Sikri, A M Khanwilkar, D Y Chandrachud and Ashok Bhushan. The CJI’s judgment said that the major concern in the matter is how does the law permit the acceleration of death without suffering.
Passive euthanasia, defined the SC in Aruna Ramchandra Shanbaug vs Union Of India & Ors (March 7, 2011), entails withholding of medical treatment for a continuance of life, e.g. withholding of antibiotics where without giving it a patient is likely to die.”
Justice Chandrachud today also said, “Life and death are inseparable. Every moment our bodies undergo change, life is not disconnected from death. Dying is a part of the process of living.”
The court said “advance directives for critically-ill patients would be issued and executed the next friend or relatives of the person after which a medical board would consider it right”, after hearing a petition filed an NGO named Common Cause.
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