Supreme Court allows passive euthanasia with allowable standards, identifies ‘living will’ of terminally-ill patient

Express News

By Press Trust of India|Last Updated: 09th March 2018 08:17 PM

NEW DELHI: In a landmark judgment, the Supreme Court today identified ‘living will’ made by terminally-ill clients for passive euthanasia.

A five-judge constitution bench headed by Chief Justice of India (CJI) Dipak Misra stated passive euthanasia and advance living will are “allowable”.

The bench, likewise making up justices A K Sikri, A M Khanwilkar, D Y Chandrachud and Ashok Bhushan likewise set standards regarding who would perform the will and how approval for passive euthanasia would be approved by the medical board.

The pinnacle court stated that advance instructions for terminally-ill clients might be provided and carried out by the next buddy and family members of such individual after which a medical board would consider it.

The leading court stated that standards and instructions put down by it and its regulation will stay in force till the legislation is caused the concern.

The CJI, while reading out the judgment, stated that though there were 4 different viewpoints of the bench however all the judges were consentaneous that the ‘living will’ need to be allowed given that an individual can not be enabled to continue suffering in a comatose state when she or he does not want to live.

The leading court had in 2011 acknowledged passive euthanasia in Aruna Shanbaug case by which it had actually allowed withdrawal of life-sustaining treatment from clients not in a position to make a notified choice.

The bench was hearing a PIL submitted by NGO Common Cause, stating safeguards were required while taking a choice by medical boards to withdraw life assistance of a terminally-ill client.

On January 15, 2016, the Centre had actually stated the 241st report of the Law Commission mentioned that passive euthanasia ought to be enabled with specific safeguards and there was likewise a proposed law– Medical Treatment of Terminally Ill Patient (Protection of Patients and Medical Practitioners) Bill, 2006.