The Supreme Court recently addressed the case of Harish Rana, a 32-year-old man who has been in a vegetative state for almost 13 years. Following the secondary medical board’s “very sad” report about his condition, the court indicated it will consider his father’s request for passive euthanasia pending a meeting with the family. Euthanasia generally refers to the practice of intentionally ending a person’s life to relieve them from an incurable condition or intolerable suffering. It can be categorized as ‘active’ or ‘passive’, with only physicians authorized to administer it.
The Supreme Court has previously clarified the difference between these two forms of euthanasia in the case of Aruna Ramchandra Shanbaug. In 2011, the court acknowledged passive euthanasia for Shanbaug, a nurse in a vegetative state since 1973 due to a brutal assault, marking the first legal recognition of passive euthanasia in India. Although the court ultimately ruled against passive euthanasia for Shanbaug, it did establish that it is permissible under specific conditions, requiring High Court approval.
In 2018, the Supreme Court recognized the legality of passive euthanasia for terminally ill patients, affirming that the “right to die with dignity” is part of the right to life as outlined in Article 21 of the Indian Constitution. A five-judge Bench led by then Chief Justice Dipak Misra issued guidelines for implementing passive euthanasia, which included provisions for situations where advance directives or living wills exist, as well as provisions for cases without such directives.
In January 2023, the court revised its 2018 order to create a more manageable process for withdrawing treatment from terminally ill patients. This included setting timelines for decision-making and reducing the involvement of judicial magistrates in the process. Earlier, Justice M. S. Sonak became the first person in Goa to register a living will, which allows individuals aged 18 and older to specify their medical treatment preferences should they lose decision-making capacity.
For a living will to be valid, it must outline at least two trusted decision-makers, and it must be signed in the presence of an executor and two witnesses, with notarization required. In August 2024, the Ministry of Health and Family Welfare proposed draft guidelines similar to the Supreme Court’s framework, suggesting the establishment of Primary and Secondary Medical Boards in hospitals to evaluate cases involving terminally ill patients.
International perspectives on assisted dying vary. The UK’s Terminally Ill Adults (End of Life) Bill, 2024, allows terminally ill individuals over 18 to opt for assisted death while excluding people with disabilities and mental health issues. It requires high court approval and offers multiple “reflection periods.” Switzerland permits assisted dying and assisted suicide as long as individuals independently end their lives. In the Netherlands, euthanasia is lawful when requested voluntarily and thoroughly assessed by medical professionals.
Consider the following statements: 1. In India, active euthanasia was legalized in 2018. 2. The Supreme Court permitted living wills for individuals aged 21 and older. Which of these statements is correct? Choose from (a) 1 only, (b) 2 only, (c) both 1 and 2, or (d) neither 1 nor 2.
Original Source: https://indianexpress.com/article/upsc-current-affairs/upsc-essentials/knowledge-nugget-euthanasia-living-will-assisted-dying-upsc-10428542/
Category: UPSC Current Affairs,UPSC Essentials
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Publish Date: 2025-12-19 13:26:00
