Euthanasia, which can be described as intentionally ending someone’s life to relieve him/her from their suffering, is still a complicated and emotionally charged legal and moral issue in India. Indian law deals with various kinds of euthanasia in very different ways.
“Passive Euthanasia” – Authorized in India.
In India, passive euthanasia is legally allowed as long as certain rules have been followed. Passive euthanasia means when a diseased person who is seriously ill or in a coma condition is not given life support or other medical treatment which lets them die naturally.
The landmark case Aruna Shanbaug v. Union of India in 2011 was the first step toward legal approval of Euthanasia. In that case the high court declared that life-sustaining treatment could be terminated in some hopeless medical conditions.
Later, in Common Cause v. Union of India (2018), a five-judge panel of the Supreme Court of India declared that people have a “right to die with dignity” and allowed passive euthanasia legal in a wider term, including the use of “living wills” or advance medical directions.
In 2023, the Supreme Court made some modifications to its rules for such types of procedures. The new rules made it easier for patients to say in advance that they don’t want to be kept alive artificially when there is no hope for the recovery.
This verdict means that if any adult person who is able to take decisions has written a valid advance medical will, saying that they don’t want life support if they get an irreversible illness or go into a permanent coma state then their doctors and family can stop treatment without any fear of being accused with a crime.
“Active euthanasia” is still against the law.
Active Euthanasia is still against the law in India. The term Active Euthanasia refers to performing active action to end a patient’s life like giving them some type of deadly injection or causing their death intentionally.
The Newly passed Bharatiya Nyaya Sanhita, 2023, defines that, an intentional act resulting in death as being similar to intentional killing or murder.
Therefore, any doctor or nurse or anyone who intentionally ends the life – even at the patient’s request is subject to possible criminal liability. Several legal analyses and remarks indicate that for active euthanasia to attain legality in India, comprehensive law would be necessary.
Why the difference and what it means:
The Indian judiciary’s acceptance of passive euthanasia but rejection of active euthanasia demonstrates the attempt to combine compassion with the preserving the dignity of the life.
Courts have acknowledged people’s right to make their own decisions and their dignity by permitting advance medical instructions. This is especially important for those patients who are seriously ill or permanently disabled. It also prevents abuse that could happen if active euthanasia were permitted.
At the same time, the law continues to depends on court cases rather than a complete set of rules because there is no specific law about Euthanasia.
That additionally means that the rules for taking away life support are strict and in most of the cases they need to be executed and checked by someone else.
Wider effects and a continuing discussion:
The recent law for the passive euthanasia has had a bigger effects. It has caused many controversies about end-of-life care, how to deal with the terminal illnesses and patients’ rights to die with dignity instead of suffering through useless treatments.
There are many questions about who can take decisions for people who are unable to do it themselves and don’t have a living will how to stop abuse and how to make sure that any request is completely voluntary and informed.
Conclusion:
In short Euthanasia is partially allowed in India and only in a very limited way. Under the strict law, such as advance medical instructions, passive euthanasia which is the termination of treatment for diseased who are seriously sick or permanently disabled is allowed. Under the current law active euthanasia, which is a planned act to end someone’s life is still treated as a crime in India.
While the recognition of passive euthanasia indicates advancement in recognizing a dignified end-of-life choice the lack of comprehensive regulation results in a complicated legal and ethical structure. Indian law now provides a limited structure for “dying with dignity,” although lacks provisions for “mercy killing.”