Euthanasia law in india

Euthanasia law in india

1. Euthanasia Law in India Ananya Ashwin

2. What is Euthanasia It is also known as Mercy killing Passive euthanasia - where there is withdrawal of necessary medical treatment with the deliberate intention to hasten the death of a terminally-ill patient.  In other words, life saving medicines would be discontinued in order to bring about death voluntarily. Active euthanasia – inducing death by giving or providing medication or treatment leading to death Involuntary Euthanasia is conducted without consent, where an individual makes a decision for another person incapable of doing so. E.g. prolonged comma, old age, etc.

3. Aruna Ramchandra Shanbaug   vs  Union Of India Aruna Shanbaug , a nurse who was assaulted by a ward boy, and went into a vegetative state in 1973. She remained blind, deaf, paralyzed and in a vegetative state till her death in 2015 Writ Petition was filed by Pinki Virani claiming that her right to life guaranteed by the constitution had been violated The petition was rejected by the court after medical examination However , later in  Aruna Ramchandra Shanbaug   vs  Union Of India,  the Supreme Court in March 2011 held that passive euthanasia could be given a nod in case of exceptional circumstances and under strict monitoring of the apex court .

4. …continued The landmark case of Aruna Shanbaug in 2011 recognized passive euthanasia in which it had permitted withdrawal of life-sustaining treatment from patients not in a position to make an informed decision The Supreme Court specified two irreversible conditions to permit Passive Euthanasia Law in its 2011 Law: ( I) The brain-dead for whom the ventilator can be switched off ( II) Those in a Persistent Vegetative State (PVS) for whom the feed can be tapered out and pain-managing palliatives be added, according to laid-down international specifications.

5. Euthanasia law in India In 2018 the Supreme Court of India declared that the government would honor "living wills" allowing consenting patients to be passively euthanized if the patient suffers from a terminal illness or is in a vegetative state . A living will is a written document by way of which a patient can give his explicit instructions in advance about the medical treatment to be administered when he or she is terminally ill or no longer able to express informed consent.  The decision was made as part of the verdict in a case involving Aruna Shanbaug , who was in a Persistent Vegetative State (PVS) until her death in 2015 .

6. The Guidelines The judgment was past by a five-judge Constitution bench stating that strict guidelines are to be followed These guidelines include who can execute the will and under what conditions can the medical board endorse passive euthanasia . Guidelines also declaring that a medical board would be required to declare that all life saving medical options have been exhausted.

7. Benefits of Legalizing Euthanasia Provides relief to extreme pain Relieves physical, mental and psychological pain for the patient and the family Provides more facilities and funds for other patients needing medical treatment and attention

8. Consequences of legalizing Euthanasia The ‘living will’ could be misused Religious beliefs could pose as a conflict in few scenarios The person might not be well informed of the possible treatment options Guidelines of the content of ‘living will’ has to be standardized

9. Conclusion As per the 2018 ruling, The SupremeCourt has held that the right to die with dignity is a fundamental right.