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Procedure to be adopted by the High Court when Euthanasia application is filed

Raj Kumar Makkad ,
  17 March 2011       Share Bookmark

Court :
Supreme Court of India
Brief :
Human Rights -- Procedure to be adopted by the High Court when Euthanasia application is filed - Which provision of law provided thar the court can grant approval for withdrawing life support to an incompetent person
Citation :
Aruna Ramchandra Shanbaug Vs. Union of india (uoi) and Ors. (Decided on 07.03.2011) MANU/SC/0176/2011

when euthanasia petition is filed, 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 - Before doing so the Bench should seek the opinion of a committee of three reputed doctors to be nominated by the Bench after consulting such medical authorities/medical practitioners as it may deem fit - Preferably one of the three doctors should be a neurologist, one should be a psychiatrist, and the third a physician - The committee of three doctors nominated by the Bench should carefully examine the patient and also consult the record of the patient as well as taking the views of the hospital staff and submit its report to the High Court - Simultaneously with appointing the committee of doctors, the High Court should also issue notice to the State and close relatives e.g. parents, spouse, brothers/sisters etc. of the patient, and in their absence his/her next friend, and supply a copy of the report of the doctor's committee to them as soon as it was available - After hearing them, the High Court should give its verdict - The above procedure should be followed all over India until Parliament makes legislation on the subject of euthanasia - Petition dismissed.

 
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Published in Constitutional Law
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