01 December, 2024
Passive euthanasia
Thu 14 Nov, 2024
Context
On his last working day, former Chief Justice DY Chandrachud through his judgment granted the relief of 'passive euthanasia' to the parents of 30-year-old Harish Rana, who has been in a vegetative state for 13 years.
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active measures are taken to deliberately hasten a person's death, but existing treatments or life-saving measures are withdrawn.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”. |