Euthanasia, which is widely recognized as “mercy killing,” is one of the most discussed topics in law in today’s time. It focuses on the deliberate act of putting an end to an individual’s life to help them gain much-needed relief from inescapable suffering or life-limiting illness.
Not only does it touch on deeply personal and emotional, but it also addresses philosophical questions about life, death, and suffering. This topic also sheds light on human rights. However, the question “Is Euthanasia legal in India?” is arising time and again. It has attracted significant attention, specifically about emerging laws, ethical standards, and public opinion around honor in death.
In this blog, we will delve into the legality, ethical debates, and actual repercussions that surround euthanasia in the country. Moreover, we will help you comprehend different types of euthanasia and future possibilities.
So, first things first!
What is Euthanasia?
Euthanasia is associated with the practice of deliberately ending a person’s life to alleviate their agonizing pain and misery. It can be broadly categorized into:
- Active Euthanasia: Taking direct action to conduct physician-assisted death of a patient, such as giving a lethal injection.
- Passive Euthanasia: In this type of euthanasia, life-sustaining treatment is withdrawn or withheld. It allows an individual to die naturally.
In passive euthanasia, the ventilators, feeding tubes, or other life-support systems may be removed.
Is Euthanasia Legal in India?
So, Is Euthanasia Legal in India? The answer to this question is yes. However, only passive euthanasia is legal, and that too under stringent regulations. Active euthanasia, on the other hand, is against the law and is contemplated to be a punishable act.
The Supreme Court of India delivered a groundbreaking decision in the case of Common Cause vs Union of India in March 2018. They recognized the right to die with honor as a fundamental privilege under Article 21 of the Constitution of India.
This trailblazing decision made passive euthanasia legal and allowed people to prepare advanced directives or “living wills”.
The Historic 2018 Verdict: A Defining Moment
In its 2018 decision, specific conditions were laid down by India’s Supreme Court under which passive euthanasia can be performed:
- The patient must be suffering from an irrecoverable, final-stage condition or enduring coma-like condition.
- An advance medical directive or living will state the person’s wish not to be kept alive on life support in situations.
- In case the living will is not present, the judgment must comprise:
- The go-ahead from the family or legal guardian of a patient.
- The Judicial Magistrate’s approval.
- A medical board of doctors giving consent to life support withdrawal.
The Supreme Court highlighted the fact that passive euthanasia must be dealt with considering the extreme care. It must ensure that the judgment is free from intimidation and must be medically justified.
What is a Living Will?
A living will is a legalized document in which an individual states ahead of time their desire to avoid receiving life-prolonging medical treatment if they happen to fall into a terminal or incurable medical condition with no chance of healing.
To be valid in India, a living will should be:
- Signed in the presence of two witnesses
- Attested by a JMFC (Judicial Magistrate First Class)
- Executed by a mentally competent adult
Ethical and Moral Considerations
The debate around euthanasia is not just lawful – it is intensely righteous and ethical.
Some arguments that favor euthanasia:
- Alleviates preventable agony.
- Respects the liberty of the individual and the right to die with honor.
- Reduces strain on hospitals and clinics.
Some arguments that don’t favor euthanasia:
- Possible clash with spiritual and cultural values.
- The threat of wrongful persuasion among sensitive populations.
What is the Role of Medical Professionals?
Medical professionals or health practitioners play a very crucial role in executing passive euthanasia:
- The board of doctors must submit a thorough and detailed report that justifies the life support withdrawal.
- Medical professionals must ensure that the patients or their loved ones are not under any kind of pressure or feeling coerced.
Wrapping Up
To put it briefly, is euthanasia legal in India? The answer is yes, it is legal. However, active euthanasia remains unlawful. The Supreme Court has provided an empathetic yet measured approach to make it easier for terminally ill patients to die with honor under stringent checks.
Frequently Asked Questions
Absolutely! Passive euthanasia is permitted and legal in India for patients suffering from chronic fatal diseases under stringent Supreme Court regulations, given that there is a living will or judicial approval.
Yes. Any adult of sane mind can create a living will. To be valid, it must be signed and attested by a Judicial Magistrate.
Not at all! Active euthanasia has not been legalized until now. It is treated as a punishable offense under Indian Penal Code provisions concerning homicide.
The judgment to withdraw life support can be made by a family member without seeking the court’s permission and the approval of a medical board.
A medical board and a Judicial Magistrate must give approval for passive euthanasia requests to ensure lawfulness, moral adherence, and securing personal health care rights.
