Quick Overview
The recent passage of a passive euthanasia bill in the UK has reignited debates around the right to die with dignity. In India, passive euthanasia is legally recognized through Supreme Court rulings (2011 and 2018), but implementation remains weak due to bureaucratic delays, lack of awareness, and fragmented healthcare infrastructure. The ethical principles of autonomy, beneficence, and justice support passive euthanasia as a humane end-of-life choice. However, India needs reforms to ensure that the constitutional promise of dignity in death under Article 21 is practically realized.
What is Euthanasia?
Euthanasia, or mercy killing, refers to the intentional act of ending a patient’s life to relieve them from incurable suffering. It is categorized into:
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Active Euthanasia: Direct intervention (e.g., lethal injection). Illegal in India.
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Passive Euthanasia: Withholding or withdrawing life support to allow natural death. Legal under certain conditions.
Legal Status in India
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Aruna Shanbaug v. Union of India (2011): Recognized passive euthanasia in exceptional cases.
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Common Cause v. Union of India (2018): Upheld the right to die with dignity under Article 21, legalizing living wills/advance directives.
In 2023, the Supreme Court simplified the guidelines:
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Adults of sound mind may create living wills attested by a notary.
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Hospitals must form two medical boards to evaluate the patient’s condition.
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If denied, the family may approach the High Court, which will set up a new board.
Ethical Perspectives
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Autonomy: Patients have a right to refuse treatment and choose death over suffering.
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Beneficence: Withdrawal of futile treatment aligns with the doctor’s duty to relieve pain.
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Justice: Legal safeguards are required to ensure fair access and prevent misuse.
Challenges in India’s Passive Euthanasia Regime
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Bureaucratic Inefficiency: Multi-tier approval systems delay relief for terminal patients.
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Inaccessibility: Complex procedures discourage legal adoption.
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Lack of Awareness: Public and even doctors remain unaware of living wills.
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Cultural Resistance: Religious and societal norms oppose euthanasia.
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Healthcare Inequality: Rural and under-equipped hospitals lack ethics committees and trained staff.
Proposed Reforms
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Digitised Living Will Registry: A centralized, Aadhaar-linked euthanasia portal for easy access and updates.
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Hospital Ethics Committees: Localized decision-making by trained professionals.
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Transparent Oversight: Replace ombudsman model with state health commissioners and digital monitoring.
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Mandatory Safeguards: Introduce cooling-off periods, counselling, and palliative care checks.
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Awareness & Capacity Building: Train medical professionals and run public campaigns.
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Streamlined Approvals: Reduce delays while maintaining ethical checks.
Conclusion
India's passive euthanasia law is a step toward ensuring a dignified death, but it remains underutilized and difficult to access. Bridging the gap between legal recognition and practical implementation is essential to uphold the constitutional right to dignity. Reforms are needed not just to simplify procedures, but to build trust, awareness, and ethical safeguards.
CLAT/Exam Relevance Summary
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UPSC GS Paper 2: Health Policies, Constitutional Rights, Government Interventions
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UPSC GS Paper 4 (Ethics): Human dignity, ethical decision-making, medical ethics
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Essay Paper: Right to life and dignity, medical advancements vs ethics
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CLAT Legal & GK: Articles 21, SC Judgments (Aruna Shanbaug, Common Cause), BNS provisions
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Prelims Focus: Definitions of euthanasia, recent SC guidelines, living will process
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Mains Focus: Evaluate implementation challenges and reforms in end-of-life care