Passive Euthanasia: SC has merely legalised existing practice, says Ex-AG of Maharashtra

Mumbai: The ruling of the Supreme Court of India which held “right to die with dignity” as a fundamental right and allowed “passive euthanasia” for terminally ill people, has been welcomed by the legal fraternity of Maharashtra. Though welcomed open-heartedly by everyone, some also apprehend misuse of this ruling.

A five judge constitutional bench headed by Chief Justice Dipak Misra said, “When the sanctity of life is destroyed, should we not allow them to cross the door and meet death with dignity? For some, even their death could be a moment of celebration.”

Welcoming this landmark ruling, former advocate general of Maharashtra Shreehari Aney said, “The Supreme Court of India has merely legalised or granted the sanction to an existing practice which was since long followed in India. Many religions accept relinquenshing the life on a voluntary basis for instance the practice of samadhi in Hindus. For me, the recognition of giving up life is a landmark step by the apex court.” Aney believes all the issues likes what to eat and what to wear exist only because of no recognition to what he says “right to choice.”

Also read: Maharashtra’s medical fraternity hails ‘landmark’ ruling over passive euthanasia

“This judgement goes to support the aspect of right to choice. The entire problem is of not recognising the right to choice,” Aney added. Similar was the view of retired HC judge Justice Vidyasagar Kanade, however, he apprehends the ruling can be misused.

“I believe this is a touchy issue so I feel it requires a special kind of enquiry being done by experts such as psychiatrists, the ethical issues and the possibility of being misused by several people. There is always a possibility of old people being pressurised or even women being pressurised. Such aspect needs to be examined,” Justice Kanade said.

Justice Kanade further said, “We dont know if these people are being pressurised by their children. The state must come to the rescue of such people. The possibility of the misuse cannot be denied.” Another retired judge Justice VG Palshikar too welcomed the ruling saying, “I believe al the judges who delivered this ruling must be congratulated.”