Passive euthanasia already a law:

Passive euthanasia already a law:

Context:

• The government is finalising a draft law on passive euthanasia called ‘The Management of Patients With Terminal Illness – Withdrawal of Medical Life Support Bill’.
• This bill is under review by  the Law Commission of India and recommends that life support can be withdrawn for patients in persistent vegetative state (PVS) or suffering an irreversible medical condition.

What is euthanasia? What is Passive euthanasia?

• Euthanasia is the practice of intentionally ending a life to relieve pain and suffering. There are different euthanasia laws in each country.
• Euthanasia is categorized in different ways, which include voluntary, non-voluntary, or involuntary.
• Voluntary euthanasia is conducted with the consent of the patient.
• Non-voluntary euthanasia is conducted when the consent of the patient is unavailable. It is illegal worldwide.
• Involuntary euthanasia is conducted against the will of the patient. This is also illegal.
• Passive euthanasia is the subdivision of Voluntary, non-voluntary and involuntary euthanasia.
• Passive euthanasia involves the withdrawing of treatment or food that would allow the patient to live.

Passive euthanasia in Indian context:

• In March 2011, the Supreme Court of India passed a historic judgement-law permitting Passive Euthanasia in the country.
• The Supreme Court specified two irreversible conditions to permit Passive Euthanasia Law

1. The brain-dead for whom the ventilator can be switched off and
2. Those in a Persistent Vegetative State (PVS) for whom the feed can be tapered out and pain-managing palliatives are added.

• After the case of Aruna Shanbaug’s euthanasia, the Supreme Court laid the following guidelines:

1. 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.
2. 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.
3. When such an application is filled the Chief Justice of the High Court should forthwith constitute a Bench of at least two Judges who should decide to grant approval or not.

Aruna Shanbaug’s euthanasia:

• Aruna Shanbaug was a nurse working at the King Edward Memorial Hospital, Parel, Mumbai.
• On 27 November 1973 when she was strangled and sodomized by, a sweeper.
• After the incident, she has been treated at KEM since the incident and is kept alive by feeding tube.
• On behalf of Aruna, her friend Pinki Virani, a social activist, filed a petition in the Supreme Court arguing that the continued existence of Aruna is in violation of her right to live in dignity.
• The Supreme Court court rejected the plea to discontinue Aruna’s life support but issued a set of broad guidelines legalising passive euthanasia in India.

Conclusion:

• Euthanasia has been a controversial topic of discussion throughout ages.
• It is believed that country’s weak rule of law and the large gap between the rich and the poor, which might lead to the exploitation of the elderly by their families.