Supreme Court gives nod to passive euthanasia

1. Supreme Court gives nod to passive euthanasia The Supreme Court has given green signal to passive euthanasia as a part of fundamental right to live with dignity. Passive euthanasia literally refers to the act of withholding medical support to patient who has no scope for recovery or cure. Unflinching support A Five Judge Constitution Bench headed by chief Justice of India Dipak Mishra ruled on Friday that fundamental right to life and dignity as incorporated in Article 21 of the Constitution implies the Right to die with dignity. Dignity is automatically lost, if you are forced to undergo Unwarranted Pain and suffering due to forceful medical support. The right of a dying man to die with dignity especially in case of terminally ill patient or in Permanent Vegetative State, with no hope of recovery , thereby speeding up the process of death to minimize period of suffering , Is what constitutes the right to live with dignity as opined by chief Justice Mishra and A.M Khanwilkar . Fruitful Living involves a person’s life to live with dignity and self –determination to choose upon the medical treatment. This in the Words of Justice Ashok Bhushan implies a “dignified Procedure Of death”. Justice Sikri concurs that though religion morality, law and society have diverse opinions on what constitutes the Right to die With Dignity. The Court Specified what robs off the Person to die with dignity.

2. Undying Search for Long Life Justice Chandrachud opines that Modern Medical Science should adopt a balanced approach to ensure the Quality of Life as both are complimentary in nature. The Court differentiated between Passive and Active Euthansia .Active Euthansia, the court concluded is unlawful. Suicide includes "unmistakable acts" which comes full circle in an unnatural demise. A legitimate 'Living Will' encourages inactive killing. An inability to legitimately perceive a propel ling therapeutic order bothers the "right to smoothen the withering procedure", the court contemplated. In instances of in critical condition or for all time vegetative state patients, where there is no desire for recovery, need ought to be given to the Living Wills and the privilege of self-assurance. The Court Described how the Fear of Societal pressure and Criminal Liability Psychosis has led to Undignified Suffering and death. Therefore, he said the reasons given by a two-judge Bench of the Supreme Court in the Aruna Shanbaug case, permitting aloof killing, were "defective" as the convoluted methodology to advance a go-beyond for latent willful extermination made the respect of a withering individual subject to the impulses and will of outsiders. Source- https://www.theswedentimes.se/