Passive euthanasia will apply only to a terminally ill person with no hope of recovery, Supreme Court said.
In a historic judgement, the Supreme Court on Friday ruled that a terminally-ill patient can write a 'living will' that permits doctors to withdraw life support. A five-judge constitution bench headed by Chief Justice of India (CJI) Dipak Misra said passive euthanasia and advance living will are "permissible".
The bench, also comprising justices A K Sikri, A M Khanwilkar, D Y Chandrachud and Ashok Bhushan said that a person with no will to live shouldn't suffer in a comatose state.
Passive euthanasia will apply only to a terminally ill person with no hope of recovery, the top court said. Active euthanasia continues to be illegal in India.
Here is how passive euthanasia is different from active euthanasia:
Passive euthanasia means withdrawing life support of terminally ill patients or those in incurable comas while active euthanasia is done by administering a lethal injection.
In active euthanasia, a specific overt act is performed to end the patient's life whereas in passive euthanasia, something is not done that would be necessary to preserve a patient's life.
In its ruling today, the apex court said that patients with no will to live shouldn't suffer in a comatose state.
Passive euthanasia has been legal in India since 2011 when the Supreme Court recognised it in the Aruna Shanbaug case. However, the government is yet to pass a law regarding this.
The moral debate surrounding active and passive euthanasia is about the killing of a patient. Many believe that active euthanasia an immoral practice and consider it to be an equivalent to murder since a lethal injection is given to end the life of a person.
Active Euthanasia is legal only in a very few countries but many countries allow passive euthanasia in specific circumstances.
According to the Supreme Court verdict, a 'living will' that permits doctors to withdraw life support is needed for passive euthanasia.
The apex court said that advance directives for terminally-ill patients could be issued and executed by the next friend and relatives of such a person after which a medical board would consider it.
(With agencies)
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