EUTHANASIA AND LAW

1. Introduction 2. Legal status of euthanasia in India 3. Aruna Shanbaug Case 4. Supreme Court Judgment a. Discussion b. Types of Euthanasia c. Guidelines

Introduction
Derived from- Greek words eu good and thanatos - death

Legal status of Euthanasia

There is no statute, pertaining to Euthanasia in India.

The latest judgment rendered by Supreme Court of India in the case of Aruna Shanbaug on March 7, 2011, concerning Euthanasia is deemed to be law.

Aruna Shanbaug Case

Aruna Shanbaug Case

WRIT PETITION (CRIMINAL) NO. 115 OF 2009 Aruna Ramchandra Shanbaug ..

Petitioner

-versusUnion of India and others ..

Respondents

Delivered on March 07, 2011

Supreme Court Judgment

Supreme Court Judgment

Thou

shalt not kill; but need'st not strive Officiously to keep alive:
-Arthur Hugh Clough

This seems to be the gist of the Supreme Court Judgment

Supreme Court Judgment

While deliberating on the issue of Euthanasia, the court considered two cardinal principles of Medical Ethics

1. Patient Autonomy and, 2. Beneficiance

Supreme Court Judgment

Patient Autonomy

The right to self-determination, where the informed patient has a right to choose the manner of his treatment.

The patient should be competent to make decisions and choices.

Supreme Court Judgment

Patient Autonomy

In the event that he is incompetent to make choices, his wishes expressed in advance in the form of a Living Will, OR the wishes of surrogates acting on his behalf ('substituted judgment') are to be respected.

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Beneficence:

Acting in what is (or judged to be) in patient's best interest.

Supreme Court Judgment

Right to Life:

Article 21 of the Constitution of India There is Right to Life, but no Right to Die Right to Life includes the right to live with human dignity.

Supreme Court Judgment

Classification of Euthanasia:
1. Active Euthanasia 2. Passive Euthanasia

a) Voluntary Euthanasia b) Non voluntary Euthanasia

Supreme Court Judgment

Active Euthanasia:

The use of lethal substances or forces to kill a person.

Supreme Court Judgment

Passive Euthanasia:

Withdrawing medical treatment with a deliberate intention of causing the patients death.

Supreme Court Judgment

Voluntary Euthanasia:
where the consent is taken from the patient.

Supreme Court Judgment

Non voluntary Euthanasia:

Where the consent of the patient is not available.

Supreme Court Judgment

1.

Voluntary Active Euthanasia Illegal

2.
3.

Non voluntary Active Euthanasia Illegal

Voluntary Passive Euthanasia Legal

4.

Non voluntary Passive Euthanasia

Matter of contention in the present case.

Supreme Court Judgment

Withdrawal of life support in a case of Permanent Vegetative State (PVS)

The court laid down the law in this connection which will continue to be the law until Parliament makes a law on the subject.

Supreme Court Judgment

A decision has to be taken to discontinue life support either by the parents or the spouse or other close relatives, or in the absence of any of them, such a decision can be taken even by a person or a body of persons acting as a next friend.

Supreme Court Judgment

It can also be taken by the doctors attending the patient. However, the decision should be taken bona fide in the best interest of the patient.

Supreme Court Judgment

Even if a decision is taken by the near relatives or doctors or next friend to withdraw life support, such a decision requires approval from the High Court concerned.

Supreme Court Judgment

Provision of Law: Article 226 of Constitution of IndiaHigh Court can grant approval for withdrawal of life support to such an incompetent person. A petition can also be made to the High Court under Article 226 of the Constitution praying for an order or direction.

Supreme Court Judgment

Procedure to be adopted:

1. Application is filed. 2. Chief Justice of High Court will form a Bench of at least two Judges. 3. The bench will nominate committee of three doctors and seek their opinion.

Supreme Court Judgment

Procedure to be adopted:
4. The Committee of doctors will carefully examine the patient, consult the record of the patient as well as taking the views of the hospital staff and submit its report to the High Court Bench.

Supreme Court Judgment

Procedure to be adopted:

5. The High Court Bench should also hear the view of the near relatives or friends.
6. The High Court should give its decision assigning specific reasons in accordance with the principle of best interest of the patient

Summary
Type of Euthanasia Voluntary Active Non voluntary Active Voluntary Passive Legal Status Illegal Illegal Legal

Non voluntary Passive Legal, but as per directives of the court

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