Right to Die is a plea sought by terminally ill patients and their relatives who have no hope of recovery but in a rational society, it is the duty of executive and judiciary to preserve the health and life of it’s citizens as enshrined in Article 21 of Indian Constitution. In many European Countries and USA such provisions are there. In India, both legislature and Judiciary have cautiously observed for years before giving limited right of passive euthanasia under strict medical conditions. There are instances like the one in the matter of Aruna Ramchandra Shanubaug where patient has been in vegetative state for almost four decades with irreversible hope of recovery following assault in early 70’s. The matter came before the honourable Supreme Court where court rejected the plea for right to die but laid down framework for passive euthanasia depending upon severity and may be decided on case to case basis. Under passive euthanasia the life supports are withdrawn following the decision of medical board formed by competent authority.
This got further strong support in the matter of Common Cause v. Union of India in 2018 where it was held to create secondary medical board to decide the grant of passive euthanasia if it is done as living will in advance and has to be certified by the magistrate. It also directed legislature to frame laws rather than depending upon judicial precedents.
The directives laid down by the Supreme Court has paved way for recent judgement of Karnataka High court that further simplified the procedure for granting permission for passive euthanasia based on living wills of the patient based on advance medical directives.
Though,it is a progressive judgement but still caution has to be taken as people may give free living will in case of terminal illness owing to exuberant medical cost and at the same time there is every possibility of it being abused by the service providers also.
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