In a remarkable first for India, the Supreme Court has legalised passive euthanasia. This means that those in irreversible comas or the terminally have the right to remove life-support.
The Supreme Court emphasised that the right to die with dignity is a fundamental right. A patient in question could sign a ‘living will’ in advance that will permit passive euthanasia should the situation arise. The five-judge bench led by Deepak Misra said that a person in his normal state of mind could prepare the will in advance. Strict conditions would be attached to the will for the execution of passive euthanasia.
The verdict was delivered on the public interest litigation filed by the NGO Common Cause filed in 2005 and was represented by lawyer Prashant Bhushan. The bench also clarified who would be allowed to execute the will should a situation arise and how to go about it. The approval for passive euthanasia was to be provided by the medical board. Justice Chandrachud said that to not grant dignity at the end of life to a person was to deprive him or her of a meaningful existance. The will is a written document explicitly stating at the outset of medical treatment that if the person is incurable then passive euthanasia will be administered by the mentioned family member or members. But only when a patient is beyond medical help.
Passive euthanasia can also be administered when a living will hasn’t been drafted. If such a need should arise the family can approach the court under Article 226. The court has laid down specific guidelines for this as well. The government was not in favour of the living will because it could be misused, but it was also in agreement with the court for permitting passive euthanasia. In India active euthanasia still remains illegal, but this is a monumental verdict for India and will bring relief to a number of people across the country.