Sunday, 22 July 2018

In landmark ruling Indian Supreme Court says passive euthanasia is permissible. Now, individuals can decide when to give-up life support

The Supreme Court bench noted that an individual has the “right to die in dignity”.

In a landmark judgement, the Supreme Court today recognised a ‘living will’ made by terminally-ill patients for passive euthanasia. A five-judge constitution bench headed by Chief Justice of India (CJI) Dipak Misra said passive euthanasia and advance living will are “permissible”.

The bench, also comprising justices A K Sikri, A M Khanwilkar, D Y Chandrachud and Ashok Bhushan, also laid down guidelines as to who would execute the will and how the nod for passive euthanasia would be granted by the medical board. The apex court said advance directives for terminally-ill patients could be issued and executed by the next friend and relatives of such person after which a medical board would consider it.

The top court said directions and guidelines laid down by it and its directive shall remain in force till a legislation is brought on the issue. The CJI, while reading out the judgement, said though there were four separate opinions of the bench, all the judges were unanimous that the ‘living will’ should be permitted since a person cannot be allowed to continue suffering in a comatose state when he or she doesn’t wish to live.

The top court had in 2011 recognised passive euthanasia in the Aruna Shanbaug case by which it had permitted withdrawal of life-sustaining treatment from patients not in a position to make an informed decision. The bench was hearing a PIL filed by NGO Common Cause, saying safeguards were needed while taking a decision by medical boards to withdraw life support of a terminally-ill patient.

On January 15, 2016, the Centre had said the 241st report of the Law Commission stated that passive euthanasia should be allowed with certain safeguards and there was also a proposed law — Medical Treatment of Terminally Ill Patient (Protection of Patients and Medical Practitioners) Bill, 2006.

Adam Rizvi has a unique talent for publishing to marketing to managing projects, writers & assigning the task to correspondents. Edits an e-paper & cover the news. An activist, spend time with family & friends. His adorable daughters, Alizah & Anum are his lifeline. He spends his time by reading, swimming, hiking, cycling and watching with them their favorite TV shows, & fixing the Big Old House where he lives. Studied literature & management.Volunteer for non-profits. President of a Travel Agency. Publisher. Circulated the newspapers. Acted & Assisted in directing & production of the award-winning film & TV Serial. Scripted a little. Modelled. Emceed the live shows & judged competitions. A caring sibling and was an obedient son of his late doting parents whom he misses dearly.Adam uses his various positions & experiences in building the strong relationship with all. Appreciates his articles being read, commented, liked and shared. He can be reached at his personal email: mediaiss@gmail.com.

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