Passive Euthanasia: dying with dignity

Hyderabad: On March 9, for the first time in the country, a five-judge Constitution Bench of the Supreme Court, headed by Chief Justice Dipak Mishra, allowed the concept of ‘advanced directive’ in passive euthanasia. This means it is now permissible for terminally ill patients to refuse medical treatment through a ‘living will’.

In 2011, the Supreme Court recognised the concept of passive euthanasia and now the Constitution Bench expanded on the idea by including advanced directives or the patient’s living will. The apex court’s decision allows persons who are in a competent state of mind to write instructions on the kind of medical treatment they want to receive when they reach a stage of terminal illness.

The court’s directive essentially respects a person’s right to live life with dignity and also recognises death with dignity. Unnecessarily burdening a terminally ill patient with advanced treatment just because there is advanced medical technology available will destroy the patient’s dignity.

Over the years, euthanasia remained a much debated concept in the country and across the world because caregivers and family members struggle with the terminal medical condition of patients. In India, euthanasia, which is intentionally ending the life of a person by administering drugs at the voluntary and competent request of the terminally ill patient, is illegal.

Back in 2011, passive euthanasia became legal in India — on the request of a terminally ill patient, treatment is withdrawn because it is medically futile. While there is a lot of acceptance towards the concept of passive euthanasia, there were many groups and organisations in the past who strongly opposed legalising intentional ending of human life by a healthcare professional. Commentators favouring euthanasia argue that chronically ill and severely debilitated patients have the right to control the manner of their death, and thus euthanasia should be made legal.

The key message from Friday’s Supreme Court directive, however, was that terminally ill adults who have the ability to give an informed consent, have the right to refuse medical treatment and they can even write a living will, describing their decision.