SC allows passive euthanasia: In a landmark judgment, a five-judge bench recognised the “living will” made by terminally-ill patients (Express File Photo)
In a landmark judgment, the Supreme Court Friday passed an order allowing passive euthanasia in the country. The apex court, recognising “living will” made by terminally-ill patients who are likely to go into a permanent vegetative state, laid down guidelines for the same, including who would execute the will and how nod for passive euthanasia would be granted by the medical board. A five-judge Constitution bench, headed by Chief Justice of India Dipak Misra, said that the guidelines will be in force till legislation on the same is passed by Parliament.
The five judges had written four separate judgments expressing their views, but concurred on allowing passive euthanasia and advance directives. The bench also comprised justices A K Sikri, A M Khanwilkar, D Y Chandrachud and Ashok Bhushan. The CJI’s judgment said the heart of the matter is whether law permits the acceleration of death without suffering.
Passive euthanasia, defined by the SC in Aruna Ramchandra Shanbaug vs Union Of India & Ors (March 7, 2011), entails withholding of medical treatment for continuance of life, e.g. withholding of antibiotics where without giving it a patient is likely to die.”
Express Explained | What is passive euthanasia, and how does a Living Will differ from it?
Supreme Court allows advance directive (living will) and passive euthanasia. Advance Directive lets a person decide in advance whether or not to be put on life support in case of terminal illness. Court also lays down guidelines on how it can be executed @IndianExpress
— Ananthakrishnan G (@axidentaljourno) March 9, 2018
Justice Chandrachud today 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.”
Also read | Debate around the ‘living will’ and why, in an ideal world, it would be irrelevant
The court, hearing a petition filed by NGO Common Cause, said advance directives for terminally-ill patients could be issued and executed by the next friend or relatives of the person after which a medical board would consider it, reported news agency PTI.
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Mast MalangMar 9, 2018 at 1:18 pmA very rational and positive judgement. Hats off to SC.Reply- Ravi ShankarMar 9, 2018 at 12:49 pmIE editor seems to b a very happy man now, as appears from the way headline has been sized!Reply
- Mar 9, 2018 at 12:24 pmThis is great day for individual freedom in India. As always, devil is in the details. How is terminally sick defined? At what stage and how a person can communicate end of life directive to the medical team? What type of end of life care, for example pain many, is allowed, etc. perhaps these and more questions have been answered in the judgment details.Reply
- Mar 9, 2018 at 12:21 pmDehinoasminyatha dehe komaram youvanam jara I tatha dehanteroreaptidheerastater na muhayti II Just as birth, boyhood, youth and old age are attributed to the soul through its body, even so it attains another body in the process, and wise man is not deluded about all this. This verse is eye opener for those who want and wish ‘self realization’. One can start seeing through the scene presented in this verse. This shows the stages through which a self soul seems to pass while identifying with embodiment. A self soul first obtains a womb. Embodiment starts in womb of mother through father. After birth, the embodiment has to pass through helpless childhood, then boyhood, youth, and old age. After cessation of life period of body, the embodied soul obtains another body as a natural course of cycle of life and death. Seeing this automatic karmic transformation, the wise man laments not. Self soul is free like that of Supreme Self but not free and omniscience like Him.Reply
- Mar 9, 2018 at 11:27 am'Holy 'Cow''!Reply
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