Passive Euthanasia
 
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Passive Euthanasia

Thu 22 Aug, 2024

Context

  • The Supreme Court recently refused to accept the plea of ​​an elderly couple to allow "euthanasia" for their 30-year-old son.
  • He has been in a coma for 11 years after falling from the fourth floor of a building.

Passive Euthanasia

  • It is a condition in which no active measures are taken to deliberately hasten a person's death, but existing treatments or life-saving measures are withdrawn.
  • It usually occurs when a person is suffering from an incurable disease and the quality of life becomes very poor.

Legal status

  • The legal status of euthanasia varies between countries.
  • Some countries, such as Austria, Finland and Norway, explicitly permit it, while others prohibit it.
  • In some countries, passive euthanasia may only be permitted under certain specific circumstances, such as when a person is suffering from an incurable disease and wishes to end their life.

Passive Euthanasia in India

  • The legal status of passive euthanasia in India is unclear. Although there is no clear law that allows it, some courts have allowed passive euthanasia in certain cases.
  • The Supreme Court of India legalized passive euthanasia in 2018, stating that it is a matter of 'living will'.
  • In 2023, the Supreme Court in its judgment stated that attestation by a notary or a gazetted officer would be sufficient for a person to make a valid 'living will'. A judicial magistrate is not required to authenticate

Euthanasia in different countries

  • Switzerland prohibits euthanasia but allows 'assisted dying' in the presence of a doctor or physician.
  • Different states in the United States have different laws. Some states, such as Oregon and Montana, allow euthanasia and some do not.
According to the Supreme Court, “dignified death is a part of the right to life under Article 21”.

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