Ethunasia
sekhar
(Querist) 18 August 2016
This query is : Resolved
Sir ,
Please tell how to Apply Ethunasia by Online.Earlier also i asked this query.
on 7th MARCH 2011 our government Legalised i saw in Net
im a C-3 Complete Quad, my condition is exactly same as like in gujarish movie, From 13years im suffering a lot, i cant bear any more.. i cannot get improvement in future,and i can't even go outside to consult a lawyer and i can't pay lawyer fees too..so i want to Apply online directly to SUPREME COURT OF INDIA, please Advice me
please kindly tell the procedure
Devajyoti Barman
(Expert) 18 August 2016
It is not permissible in India as yet.
You can talk to the Registrar of Supreme Court nevertheless on this issue.
sekhar
(Querist) 18 August 2016
sir please give me Registrar telephone number
Ms.Usha Kapoor
(Expert) 18 August 2016
Dear Client,
The Supreme Court in 2011 In Aruna Shanbaug Case laid down law as follows: Passive euthanasia such as removing person's life supporting system in his terminal stage or if he is in complete vegetative stage/state allowed passive Euthanasia and thus made it legal to end his suffering. But active Euthanasia which is in force in US and UK etc is not yet permitted in India. Until the Indian Parliament enacts a law whatever the Supreme Court holds on a particular point becomes law of the land and is binding on all the Indian Citizens. In 2014 also the Supreme Court reiterated its stand on passive Euthanasia.; But Active Euthanasia by administering a Lethal Injection to the sufferer is not yet recognized or approved in India nor Living Will when the person during his hey days instructs his Doctor or Some Medical Practitioner if in future he suffers from any uncontrollable or unbearable pain due to some dreaded disease and goes into a complete vegetative state his Doctor should be given powers to administer injection to end his pain once for all and should be free from allegations of homicide. Good faith medicine is what it is called. Parliament recently introduced a bill approving passive euthanasia in conformity with 2014 5 Judge bench decision and Aruna shanbaug cases, but there is no provision for living will promoting active euthanasia leaving the fate of acute pain sufferers to their fate or nature.If you are in a comp0lete vegetative state with no hope of recovering and on life support system or ventilator your life can be terminated by passive Euthanasia or removing the ventilator as it is legal as per Supreme Court Verdicts in 2011 and 2014(5 Judge Bench).
Ms.Usha Kapoor
(Expert) 18 August 2016
In this connection I'd request experts here to read my Article/blog on "Euthanasia is Ethical" by referring to www.wizardlegal1.in. which received acclaim.
Kumar Doab
(Expert) 18 August 2016
It is not permitted in India.
Ms.Usha Kapoor
(Expert) 18 August 2016
Dear xlient,
As I already said in the above reply passive Euthanasia is currently legal in India since Supreme Court made it legal in Aruna Shanbaug case and reiterated this decision by 5 judge constitutional Bench.
Till parliament enacts a law which it is going to pass as the bill on passive Euthanasia is pending in Parliament it is likely the bill maybe passed ,Till that legislation Supreme Court's decision on passive euthanasia is legal in India as the apex court's decision is law of the land and binding on all.
IN this connection the supreme court laid down the following guidelines:
Supreme Court decision
While rejecting Pinki Virani's plea for Aruna Shanbaug's euthanasia, the court laid out guidelines for passive euthanasia.[3] According to these guidelines, passive euthanasia involves the withdrawing of treatment or food that would allow the patient to live.[5][7] Forms of active euthanasia, including the administration of lethal compounds, legal in a number of nations and jurisdictions including Luxemburg, Belgium and the Netherlands, as well as the US states of Washington and Oregon, are still illegal in India.[5][8]
Elsewhere in the world active euthanasia is almost always illegal.[8] The legal status of passive euthanasia, on the other hand, including the withdrawal of nutrition or water, varies across the nations of the world.[9] As India had no law about euthanasia, the Supreme Court's guidelines are law until and unless Parliament passes legislation.[5] India's Minister of Law and Justice, Veerappa Moily, called for serious political debate over the issue.[7] The following guidelines were laid down:
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. It can also be taken by the doctors attending the patient. However, the decision should be taken bona fide in the best interest of the patient.
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.
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. A committee of three reputed doctors to be nominated by the Bench, who will give report regarding the condition of the patient. Before giving the verdict a notice regarding the report should be given to the close relatives and the State. After hearing the parties, the High Court can give its verdict.
sekhar
(Querist) 19 August 2016
Mam , Thanks for information..
Till now you had not cleared my main point, HOW CAN I APPLY ONLINE DIRECTLY TO SUPREME COURT, PLEASE TELL ME STEP BY STEP PROCEDURE
Rajendra K Goyal
(Expert) 25 August 2016
Approach Apex court through your lawyer.
Kumar Doab
(Expert) 25 August 2016
Agreed with Mr. Goyal.
You may go thru;
INSTRUCTIONS FOR E-FILING REGISTRATION
http://www.sc-efiling.nic.in/sc-efiling/index.html
Kumar Doab
(Expert) 25 August 2016
Practice & Procedure Handbook - Supreme Court of India
http://supremecourtofindia.nic.in/handbook3rdedition.pdf
