Here Is What The 5 Judges Said While Recognizing Passive Euthanasia And Living Wills/ Advance Directives [Read Judgment]

In a landmark judgment, the Supreme Court on Friday recognized and gave sanction to passive Euthanasia and living will/advance directive.The judgment was delivered by a Bench comprising Chief Justice of India Dipak Misra, Justice A.K. Sikri, Justice A.M. Khanwilkar, Justice D.Y. Chandrachud and Justice Ashok Bhushan. The matter had been referred to it by a three-Judge bench, which had held that the Constitution Bench, in Gian Kaur v. State of Punjab, had not ruled on the validity of active or passive Euthanasia, even though it had ruled that the right to live with dignity under Article 21 of the Constitution of India was inclusive of the right to die with dignity.The three-Judge Bench had then noted that the judgment in the case of Aruna Ramchandra Shanbaug v. Union of India had rested on the wrong premise that the Constitution Bench in Gian Kaur had upheld passive euthanasia.The five-Judge Bench has now unanimously held that the two-Judge Bench in Arun Shanbaug had wrongly ruled that passive euthanasia can be made lawful "only by legislation" through an erroneous interpretation of the judgment in Gian Kaur. Recognizing passive euthanasia, it observed, "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 538 page judgment also goes on to lay down the procedure for a 'Living Will' or an 'Advance Directive', through which terminally ill people or those with deteriorating health can choose not to remain in a vegetative state with life support system if they go into a state when it will not be possible for them to express their wishes.All You Need To Know About The Execution Of Advance Directive (Living Will) For Passive Euthanasia As Per The Law Laid Down By SC TodayCJI Misra and Justice Khanwilkar's opinionWriting for himself and Justice Khanwilkar, CJI Misra opined that the Court in Gian Kaur did not approve the decision in the case of Airedale N.H.S. Trust v. Bland, wherein the House of Lords had ruled that euthanasia is not lawful in common law. He asserted that while Gian Kaur's decision had only briefly referred to Airedale, the Court in Aruna Shanbaug erred in holding otherwise.Examining the legal position in various other jurisdictions, Justice Misra observed that all adults with the capacity to consent have the common law right to refuse medical treatment and the right of self-determination. He, however, cautioned that doctors would be bound by the patient's choice of self-determination, subject to being satisfied that the illness of the patient is incurable and there is no hope of his being cured.Justice Misra further opined that State interest should not over-weigh individual interest and that a person should be allowed to die peaceably instead of prolonging the process against his will through technology. He explained,"It is so because it is in accord with the constitutional precept and fosters the cherished value of dignity of an individual. It saves a helpless person from uncalled for and unnecessary treatment when he is considered as merely a creature whose breath is felt or measured because of advanced medical technology. His ―being exclusively rests on the mercy of the technology which can prolong the condition for some period. The said prolongation is definitely not in his interest. On the contrary, it tantamounts to the destruction of his dignity which is the core value of life. In our considered opinion, in such a situation, an individual interest has to be given priority over the State interest."Furthermore, Justice Misra clarified that even though the Counsel had used the words "living will", the Court did not intend to use it. It then agreed for utilization of an "Advance Medical Directive", noting, "The said directive, we think, will dispel many a doubt at the relevant time of need during the course of treatment of the patient. That apart, it will strengthen the mind of the treating doctors as they will be in a position to ensure, after being satisfied, that they are acting in a lawful manner."Breaking : Right To Die With Dignity A Fundamental Right, SC Allows Passive Euthanasia And Living Will, Issues Guidelines [READ JUDGMENT]Justice Misra also laid down the procedure for execution of an Advance Directive, and provided guidelines for passive euthanasia, both in the presence and absence of such directive. The two Judges then summarized the findings of the Court as follows:"(i) A careful and precise perusal of the judgment in Gian Kaur (supra) case reflects the right of a dying man to die with dignity when life is ebbing out, and in the case of a terminally ill patient or a person in PVS, where there is no hope of recovery, accelerating the process of death for reducing the period of suffering constitutes a right to live with dignity. (ii) The Constitution Bench in Gian Kaur (supra) has not approved the decision in Airedale (supra) inasmuch as the Court has only made a brief...

Here Is What The 5 Judges Said While Recognizing Passive Euthanasia And Living Wills/ Advance Directives [Read Judgment]

Apoorva Mandhani

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