passive
euthanasia - POLITY
Recently, the Supreme Court of India denied
a petition from an elderly couple seeking News: “passive
euthanasia” for their comatose (deeply unconscious) son, who has been
bedridden for 11 years following a fall. 
What’s in the news?
What is euthanasia, and what is a living
will?
 - Euthanasia refers
     to the practice of an individual deliberately ending their life,
     oftentimes to get relief from an incurable condition, or intolerable pain
     and suffering.
 
 - Euthanasia,
     which can be administered only by a physician, can be either ‘active’ or
     ‘passive’.
 
 
  - Active
      euthanasia involves an active
      intervention to end a person’s life with substances or external force,
      such as administering a lethal injection.
 
  - Passive
      euthanasia refers to withdrawing life
      support or treatment that is essential to keep a terminally ill person
      alive.
 
 
 - Passive
     euthanasia was legalised in India by the Supreme Court in 2018, contingent
     upon the person having a ‘living will’ or a written document that
     specifies what actions should be taken if the person is unable to make
     their own medical decisions in the future.
 
In case a person does not have a living will, members
of their family can make a plea before the High Court to seek permission for
passive euthanasia.
 
SC rule in 2018
 - The
     Supreme Court allowed passive euthanasia while recognising the living
     wills of terminally-ill patients who could go into a permanent vegetative
     state, and issued guidelines regulating this procedure.
 
 - A
     five-judge Constitution Bench headed by then Chief Justice of India (CJI)
     Dipak Misra said that the guidelines would be in force until Parliament
     passed legislation on this.
 
 - However,
     this has not happened, and the absence of a law on this subject has
     rendered the 2018 judgment the last conclusive set of directions on
     euthanasia.
 
 - The
     guidelines pertained to questions such as who would execute the living
     will, and the process by which approval could be granted by the medical
     board.
 
 - “We
     declare that an adult human being having mental capacity to take an
     informed decision has right to refuse medical treatment including
     withdrawal from life-saving devices,” the court said in the 2018 ruling.
 
 
Changes to Living Will Guidelines in India
The 2018 Guidelines
 - A
     living will was required to be signed by an executor in the presence of
     two attesting witnesses, countersigned by a Judicial Magistrate of First
     Class
 
 - The
     treating physician was required to constitute a board comprising three
     expert medical practitioners with at least 20 years of experience to
     decide whether to carry out the living will or not
 
 - If
     the medical board granted permission, the will had to be forwarded to the
     District Collector for his approval
 
 - The
     Collector was to then form another medical board of three expert doctors,
     including the Chief District Medical Officer
 
 - Only
     if this second board agreed with the hospital board’s findings would the
     decision be forwarded to the JMFC, who would then visit the patient and
     examine whether to accord approval
 
 
Changes Made by the Supreme Court
 - Instead
     of the hospital and Collector forming the two medical boards, both boards
     will now be formed by the hospital
 
 - The
     requirement of 20 years of experience for the doctors has been relaxed to
     five years
 
 - The
     requirement for the Magistrate’s approval has been replaced by an
     intimation to the Magistrate
 
 - The
     medical board must communicate its decision within 48 hours
 
 - The
     2018 guidelines required two witnesses and a signature by the Magistrate;
     now a notary or gazetted officer can sign the living will in the presence
     of two witnesses instead of the Magistrate’s countersign
 
 - In
     case the medical boards set up by the hospital refuses permission, it will
     now be open to the kin to approach the High Court which will form a fresh
     medical team.
 
 
Different countries, different laws
 - Netherlands,
     luxembourg, belgium allow both euthanasia and assisted suicide for
     anyone who faces “unbearable suffering” that has no chance of improvement.
 
 - Switzerland bans
     euthanasia but allows assisted dying in the presence of a doctor or
     physician.
 
 - Canada had
     announced that euthanasia and assisted dying would be allowed for mentally
     ill patients by March 2023; however, the decision has been widely
     criticised, and the move may be delayed.
 
 - United
     states has different laws in different states. Euthanasia is allowed
     in some states like Washington, Oregon, and Montana.
 
 - United
     kingdom considers it illegal and equivalent to manslaughter.
 
 
Source: https://indianexpress.com/article/opinion/columns/passive-euthanasia-terminally-ill-9528196/