In a landmark judgment, India's Supreme Court on Friday ruled that "right to die with dignity" is a fundamental right, legalizing passive euthanasia and living wills. The living will is defined as the person's right to issue a pre directive where in which he or she allows the withdrawal of life support or discontinuation of medicine if a situation arises in future of person being in a terminally ill state.
The Supreme Court says it has laid down guidelines on who would execute the will and how nod for passive euthanasia would be granted by the medical board.
The top court, in its last year's verdict, said there was no justification to keep the enforcement of Lokpal Act suspended till the proposed amendments, including on the issue of the Leader of Opposition in Lok Sabha, were cleared by the Parliament.
After nearly two years of that, on February 15th, 2016 thecentreopined that it is a deliberate issue and the five judges bench led by the Chief Justice of India Dipak Misra heard the argument and reversed the previous verdict. One was meaningless without the other, he said.
This would apply to patients suffering from terminal illness and who are in a vegetative state. "Neither the law nor the Constitution compels an individual who is competent and able to take decisions, to disclose the reasons for refusing medical treatment nor is such a refusal subject to the supervisory control of an outside entity", Justice Chandrachud said.
Advocate Prashant Bhushan, appearing for the NGO, said since a patient in a coma can not express his or her wishes, the law should allow him or her to put down in writing in advance that he or she should not be tortured.
The case was brought before the Supreme Court in a petition from non-governmental organization "Common Cause".
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Dr K K Aggarwal, vice -pesident of Confederation of Medical Associations in Asia and Oceania, and former IMA president, however, said strict guidelines should be put in place to ensure that there is no abuse of the "living will" by relatives of the terminally ill patient.
The court also spelt the guidelines to be followed in cases where there would be no advance directive, saying that such persons can not be "alienated". It defined "living will" as a document in written form by which a patient can express his/her intention regarding the medical treatment to be advanced in case ofterminallyillnessor no longer in a condition to express informed consent. "The said directive, we think, will dispel many a doubt at the relevant time of need during the course of treatment of the patient".
As per the guidelines of the Supreme Court, a family member or friend of the terminally ill person, seeking passive euthanasia can go to the High Court, which will constitute a medical board that will decide if passive euthanasia is needed.
Mar 7, 2011: SC, on a separate plea on behalf of Aruna Shanbaug, allows passive euthanasia for the nurse lying in vegetative state at a hospital in Mumbai.
"Human beings have the right to die with dignity", said the apex court after allowing passive euthanasia.
Two years later, the court passed a law permitting passive euthanasia.
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