10 things Supreme Court said legalising passive euthanasia
Euthanasia has been in debate for quite some time now in different cases where it was appealed to be mercy killing for an ailing person. In a landmark verdict, SC showed green flag to passive euthanasia, terming it as the 'right to die with dignity.'
Here's what Supreme Court said in its ruling about Euthanasia:1. SC agreed that passive euthanasia or the right to die with dignity is a part of right to life, a fundamental right under Article 21 of the Constitution.
2. The option is to be made accessible to terminally ill patients, or those suffering from incurable diseases.
3. A person who is in persistent vegetative state (PVS) can go for an "advance medical directive" or a "living will" as it is being commonly called. It is a statement to refuse medical treatment.
4. Living will refers to the written consent given by a person in advance to a medical treatment for the time when he/she is no longer able to give consent or advice regarding the future treatment or stopping of the treatment. In short, one can give consent for passive euthanasia while one is in their right conscience.
5. Living will can also be made by any healthy person and it will come in effect only when in future, he/she suffers from a terminal illness or goes into vegetative state.
6. In its 538-page verdict, SC has laid down safeguards or rules in order to prevent misuse of the law. It has made it mandatory to involve double medical board, judicial magistrate, or collected or high court to give euthanasia.
7. The credit of this verdict goes to Late Aruna Shanbaug for her 42 years of struggle between life and death and the pain she suffered in the process.
8. SC pointed out that since the state is not successful in providing premium healthcare to all, it cannot deny them the right to end their suffering. It could pave way for decriminalising suicides as suggested by some.
9. SC cited the example of poor families who have to sell everything from home to employment in order to provide treatment for terminal illness. Also, life-support systems are unavailable for patients who have better chances of recovery since they are being used by patients who have no chances to make it out alive.
10. Active euthanasia is still to be treated as crime and cannot be administered without a legislative action.
Conclusion:Allowing passive euthanasia is a welcome move but it should be ensured that it is in no way encouraging or paving way for decriminalising suicides.
"There comes a phase in life when the spring of life is frozen, the rain of circulation becomes dry, the movement of body becomes motionless, the rainbow of life becomes colourless and the word 'life' which one calls a dance in space and time becomes still and blurred and the inevitable death comes near to hold it as an octopus gripping firmly with its tentacles so that the person 'shall rise up never'."
- Dipak Misra, Chief Justice of India
