Passive Euthanasia Legalized by Supreme Court.

The Supreme Court of India finally recognized an individuals’ right to die with dignity while authorizing passive euthanasia and living will. Guidelines on the issues as to who would carry out the will and how passive euthanasia would be contracted by the medical board was also laid down by the Supreme Court of India. The apex court added that it’s guiding principle and directions will stay in force till a legislation is brought in to deal with the subject matter.

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Dipak Misra -The Chief Justice of India  said that other affiliated members  of the five-judge Constitution bench were  in accord with the guiding principle and directions passed by it.

To understand the entire judgment one must be well acquainted  with the terms Passive euthanasia, Living will and the Right to Die.

Passive euthanasia

It is a situation where there is the withdrawal of medical treatment with the premeditated objective to accelerate the demise of any terminally-ill patient. However, active euthanasia is against the law in India. Active euthanasia is the deliberate act of causing the demise of a patient.

Living will

A living will is a written manuscript or a document that permits a person to give clear orders in advance concerning the medical treatment to be run in case they are terminally ill or no longer competent to put across an informed consent to anything.A person can sketch out if they want their life to be synthetically or artificially prolonged in the event of a disturbing illness or injury.

A living will is indeed allied to passive euthanasia. The apex court, however, had previously observed that there ought to be adequate protection, and realization of a living will be subjected to the medical board's certification and approval.

The Centre had opposed to the recognition of the  'living will' and said the permission for confiscation or removal of artificial support system as granted by an individual may not be an informed one and without being conscious of medical developments.

Right to Die

Right to die peacefully falls under the Fundamental Right to Life guaranteed under Article 21 of the Constitution. Article 21 says that "no person shall be deprived of his life or personal liberty except according to procedure established by law".


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lMIY

07 Apr 2018 10:27 PM

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