Introduction:
Euthanasia, the act of intentionally ending a life to alleviate pain and suffering, is categorized into active and passive forms.
Passive euthanasia refers to the withdrawal or withholding of medical interventions necessary to sustain life, allowing the patient to die naturally.
Body:
The landmark Aruna Ramchandra Shanbaug v. Union of India (2011) case was the first to recognize passive euthanasia in India, sparking nationwide discussions on its legal and ethical implications.
In 2018, the Supreme Court reaffirmed the validity of passive euthanasia for terminally ill patients, ruling that the “right to die with dignity” is a fundamental aspect of the right to life under Article 21 of the Indian Constitution.
The court outlined specific guidelines for passive euthanasia, distinguishing between cases where patients had left an advance directive or living will, and cases where no such instructions were left.
For cases involving a living will, stringent requirements were introduced: the document must be signed before two witnesses and a Judicial Magistrate. Additionally, approvals were needed from the treating physician, a qualified medical board, and an external medical board, ensuring checks and balances.
In 2023, a five-judge bench revised these guidelines, simplifying procedures by setting deadlines for medical board decisions and reducing the role of the Judicial Magistrate in the process.
Examples in Indian Context:
In the 2023 case of Harish Rana, the Supreme Court rejected a plea for passive euthanasia, empathizing with the parents who had spent much of their lives and savings caring for their son with little hope of recovery.
Financial considerations often play a critical role in decisions related to passive euthanasia. Dr. Bhavani Prasad Gudavalli, Head of Critical Care at CARE Hospitals, Hyderabad, noted that families are often driven to withdraw treatment due to the financial burden, despite their emotional struggles.
Conclusion:
Passive euthanasia continues to stir debates on medical ethics and patient rights in India. While it offers a dignified way to end suffering, the legal, financial, and ethical aspects need careful consideration to balance the rights of patients with the responsibilities of caregivers and medical professionals.