SC Yes to Passive Euthanasia; Differentiates from Active Euthanasia
07.03.2011 | 11:26
New Delhi
In an important judgment which will have a bearing on law on euthanasia in the country the Supreme Court today allowed passive euthanasia though with a caveat. Praising advocate Pinky Virani for her efforts in bringing the matter before the court, the court dismissed the plea for mercy killing of Aruna Shanbaug. The court reasoned that for as important a matter as euthanasia Virani is not clearly close enough to the victim nor is her attachment to Aruna enough to plead for euthanasia.
The apex court today distinguished between active euthanasia and passive euthanasia and allowed a person to plead passive euthanasia after a high court's approval with state as a party.
The apex court bench of Justice Markandey Katju and Justice Gyan Sudha Misra pronouncing the judgment elaborated that active euthanasia is when a lethal injection is given terminating a person's life, whereas passive euthanasia is when patient's life support mechanism is withdrawn.
Opening a gateway for euthanasia in the country the bench in an over 100 page judgment rejecting active euthanasia completely, laid down the guidelines to be followed for passive euthanasia. The bench held that while active euthanasia is illegal with no law allowing otherwise, passive euthanasia can be held legal albeit only after approval is granted from a high court.
The court further laid down that the high court is required to grant or deny approval after consulting a committee of three doctors. The state will also be issued notice in the case. The apex court judgement will hold good and be applicable in cases of euthanasia until the parliament enacts a law on the same, clarified the bench.
In the long judgment the bench dealh with laws in other countries which allow euthanasia some of which even allow active euthanasia. Case laws of US and UK have also been discussed. Further the bench discussed the question of what is death and what is life in the eye of law.
The bench has praised KEM hospital Mumbai for taking care of rape victim and a former employee Aruna Shaunbaug since last 38 years saying it is unprecedented care and the hospital has come as a symbol and icon for the industry.
