SC allows passive euthanasia

5- judge bench sets safeguards, says ‘ right to die’ is part of right to life The right to privacy protects autonomy in making decisions related to the intimate domain of death as well as bodily integrity — Supreme Court

In a landmark and progressive judgment, the Supreme Court on Friday held that ‘ right to die with dignity’ is part of right to life, a fundamental right under Article 21 of the Constitution, and allowed “living will” where, an ailing adult in his conscious mind, is permitted to refuse medical treatment or voluntarily decide not to take medical treatment to embrace death in a natural way.

A person in persistent vegetative state ( PVS) can execute an “advance medical directive” or a “living will” to refuse medical treatment, the court said, laying down safeguards to prevent misuse of the provision to stop medical treatment of a terminally ill patient who reach a point of no return.

In a 538- page historic verdict, a five- judge bench, headed by Chief Justice Dipak Misra, said, “The right to privacy protects autonomy in making decisions related to the intimate domain of death as well as bodily integrity. Recognition of the right to accept or refuse medical treatment is founded upon autonomy.”

The apex court laid down principles relating to the procedure for execution of advance directive or “living will” and spelt out guidelines and safeguards to give effect to passive euthanasia in both circumstances, that is where there are advance directives and

This judgment is because of Aruna Shanbaug, who suffered for 42 years. We must thank her — Pinki Virani, activist and author who had sought mercy killing for Shanbaug.

New Delhi, March 9: The Supreme Court on Friday came out with safeguards on “advance medical directive” or ‘ living will’ which would enable a terminallyill patient or a person in persistent vegetative state ( PVS) to refuse medical treatment.

A five- judge constitution bench, which recognised that a terminally- ill patient or a person in PVS can execute an “advance medical directive” to refuse medical treatment, spelt out the safeguards saying such a directive “cannot operate in abstraction”.

The safeguards would remain in force till Parliament adopts a legislation on the matter, it said.

“The advance directive can be executed only by an adult who is of a sound and healthy state of mind and in a position to communicate, relate and comprehend the purpose and consequences of executing the document,” the New Delhi, March 9: With the Supreme Court holding the right to die with dignity a fundamental right and recognising “living will” made by terminally- ill patients as permissible, India has joined a league of select countries where passive euthanasia has been accorded legal sanctity.

There are different

bench headed by CJI Dipak Misra said, stressing that the directive must be “voluntarily executed” without any coercion and should have characteristics of informed consent without undue influence.

“It shall be in writing clearly stating as to when medical treatment may be withdrawn or no specific euthanasia laws in each country. It can be classified into five types — voluntary, non- voluntary, involuntary, passive and active.

India joins countries like Netherlands, Canada, Belgium, Colombia and Luxembourg in legalising passive euthanasia. medical treatment shall be given which will only have the effect of delaying the process of death that may otherwise cause him/ her pain, anguish and suffering and further put him/ her in a state of indignity,” the CJI, writing the judgment for himself and Justice A. M. Khanwilkar, said.