Right to Die with Dignity and Passive Euthanasia in India
The concept of passive euthanasia in India has evolved due to changing societal values, reflecting a progressive yet cautious approach.
Supreme Court Judgments
- Common Cause v. Union of India (2018): Recognized the right to die with dignity as part of Article 21 of the Constitution, linking it with quality palliative care.
- Harish Rana v. Union of India (2026): Allowed withdrawal of Clinically Assisted Nutrition and Hydration (CANH) for the first time.
- Aruna Shanbaug v. Union of India (2011): Introduced the concept of passive euthanasia and Advance Medical Directives (living wills).
- Common Cause v. Union of India (2023): Streamlined passive euthanasia processes, removing mandatory judicial oversight and simplifying medical board requirements.
Ethical, Legal, and Social Implications (ELSI)
Euthanasia raises various ethical, legal, and social questions, focusing on:
- Ethical Principles:
- Autonomy: Patients should have the right to make decisions regarding their treatment.
- Beneficence: Consideration of the patient’s benefit.
- Non-maleficence: Ensuring no harm is caused by allowing euthanasia.
- Justice: Preventing injustice towards the patient.
- Theory of Double Effect: Proposes that actions causing both a harmful and beneficial effect can be ethical if the intent is not malicious.
Societal and Economic Transition
- Shift from moral traditions to rights-based approaches, emphasizing dignity, autonomy, and relief from suffering.
- Focus on quality over the length of life, noting economic implications for families due to long-term care needs.
Concerns and Misuse
- Potential for misuse, especially among vulnerable groups such as the elderly, disabled, and poor, leading to coercion or abandonment.
- Critics warn of decisions driven by financial issues, social neglect, and family pressure.
Court's Stance
- The term "passive euthanasia" is deemed obsolete, causing confusion in legal contexts.
- Emphasis on continuous palliative and end-of-life care, even when withdrawing medical treatment.
