The living will and Passive Euthanasia.

The petition on the process to activate the “living will’ is to be heard on November 23, 2022.

The Bench led by Justice K M Joseph is considering a plea to modify a March 2018 judgment which had upheld Passive Euthanasia and ‘living will’.

A Constitution Bench has made passive euthanasia and “living will” permissible.
The Supreme Court has given legal sanction to passive euthanasia in a landmark verdict, permitting ‘living will’ by patients to withdraw medical support if they slip into an irreversible coma.

It refers to a written document that a person uses to give explicit instructions in advance about the medical treatment to be administered if he becomes incompetent or is unable to communicate.

Passive euthanasia is a condition where there is the withdrawal of medical treatment with the deliberate intention to hasten the death of a terminally-ill patient.

Active Euthanasia is a crime under sections 302 or 304 of the Indian Penal Code (IPC).
In the Supreme Court in 2011, Aruna Ramchandra Shanbaug v. Union of India held that Passive Euthanasia could be allowed under exceptional circumstances.
In the Common Cause v. Union of India case, the Supreme Court held that a person in a persistent vegetative state could opt for passive euthanasia.

Right to die with dignity:
- Article 21 provides for living with dignity.
- A person has a right to live a life with at least the minimum dignity, and if that standard falls below that minimum, a person should be given the right to end his life.
Helping rather than harming:
- Its aim is altruistic and beneficial as it is an act of painlessly putting to death those who are suffering from painful and incurable diseases.
- So, the motive behind this is to help rather than harm.
Global examples:
- It can be understood from other examples that the following euthanasia will not necessarily lead to unacceptable consequences.
- For example, countries like the Netherlands, Belgium, Luxembourg, etc., where euthanasia has been legalised to justify that it is mostly trouble-free.
Redistributing efforts to save more lives:
- In many developing countries like India, there is a shortage of funds and hospital space.
- Energy of doctors and hospital beds can be used for those whose lives can be saved instead of continuing the lives of those who want to die.
The choice to say no to suffering:
- Many people feel that it is better to die than to go through the pain of diagnosed diseases and their treatments, which are even more painful.
- For example, Cancer and chemotherapy.

Medical ethics:
- It is totally against medical ethics, morals, and public policy.
- Medical ethics calls for nursing, caregiving and healing, not ending the patient’s life.
Killing people for their wealth:
- Patients wouldn’t be able to trust their physicians or their family members because many of them used the term “aided murder” when discussing the patient’s painless, dignified death.
It can motivate people to decide on euthanasia:
- It is feared that if euthanasia is legalised, then other groups of more vulnerable people will risk feeling the option themselves.
Religious arguments:
- Human life is the gift of God, and taking life is wrong, and evil human beings cannot be given the right to play the part of God.
- For example, the Roman Catholic church is one of the most active organisations in opposing euthanasia.
Advanced medical science to help:
- In the present time, medical science is advancing at a great pace.
- Thus, even the most incurable diseases are becoming curable today.

Quality healthcare:
- India needs improved access to high-quality healthcare for the terminally ill so that they can go in peace whenever they do.
- This is referred to as palliative care, right from when an illness is diagnosed to the end of life.
The living will:
- The decision of the Supreme Court to allow passive euthanasia and living will is a landmark judgment and upholds the fundamental right to life, which includes the right to die with dignity.
Legislative efforts:
- The 241st report of the Law Commission states that passive euthanasia should be allowed with certain safeguards, and there is a proposed law—Medical Treatment of Terminally Ill Patients Bill, 2006—in this regard.

Content Source: The Hindu