Apex Court recognises 'living will' by terminally-ill for passive euthanasia

Apex Court recognises 'living will' by terminally-ill for passive euthanasia

Pronouncing the paradigm-shifting verdict, the apex court said, "Human beings have the right to die with dignity".

The bench said that the guidelines will be in force till legislation is passed by parliament to deal with the issue, our New Delhi correspondent reports.

More importantly, the SC announced that an individual could draft a "living will" in which he/she can state their willingness to end their life in case they slip into an incurable coma.

Laying down the procedure, a fivejudge constitution bench, headed by Chief Justice Dipak Misra, said the will can be executed only by an adult who is of a sound and healthy state of mind; and in a position to communicate, relate and comprehend the objective and consequences of executing the document.

A typical LW takes effect when the person is terminally ill without chance of recovery and outlines the desire to withhold heroic measures.

After the hearing, the judges had four different opinions, but agreed upon the fact that "living will" should be allowed.

Why CFIUS Is Intervening in Broadcom's Qualcomm Bid
Qualcomm , with its Snapdragon processors, is the world's biggest maker of mobile chips and an attractive target for Broadcom . This follows news that the USA government is investigating the company's proposed takeover for national security concerns .

The order that stipulates guidelines to undergo passive euthanasia could be misused, Paikam said.

The euthanasia fire has been raging in India since 2014 when then Indian Health Minister Harsh Vardhan, who is also a medical doctor, called for a debate on the issue.

The Supreme Court has also approved the right to refuse medical treatment and the concept of a "living will". Meantime, a non-government organisation approached the top court with a plea to also legalise the right to a living will.

The living states when a person should be allowed to die, instead of being kept on life support system. The apex court has also laid down the rules, explaining who should execute the will and how the request for euthanasia can be granted. The plea sought declaration of the right to die with dignity as a Fundamental Right under Article 21 (Right to Life) of the Indian Constitution.

In active euthanasia, a person or medical professionals directly and deliberately do something for the death of the suffering patient. Passive euthanasia is a situation in which a withdrawal of medical treatment can be done with the intention to hasten the death of a terminally-ill patient.

Active Euthanasia is legal only in a very few countries but many countries allow passive euthanasia in specific circumstances. It's commonly seen in terminal patients who are mentally conscious. "No doctor or family member can be made culpable for withdrawing life support system..." The decision takes place on a five-judge bench of the Supreme Court which is headed by the Cheif Justice of India Dipak Misra.

Related Articles

  • Civil Rights Figure Viola Desmond Is The Face Of Canada's $10 Bill

    Civil Rights Figure Viola Desmond Is The Face Of Canada's $10 Bill

    Apart from being an activist, Desmond was also a beautician and developed her own line of beauty products, Vi's Beauty Products. The incident happened almost a decade before Rosa Parks famously refused to give up her seat on a segregated bus in Alabama.
    Manafort pleads not guilty at arraignment in Russian Federation  probe

    Manafort pleads not guilty at arraignment in Russian Federation probe

    Ellis III picked the July date, though he did not foreclose the possibility of granting an extension to the defense if warranted. The judge imposed similar bail conditions on Manafort to those already in place in the District, including home confinement.
    Collin Sexton Keeps Alabama's NCAA Tournament Hopes Alive

    Collin Sexton Keeps Alabama's NCAA Tournament Hopes Alive

    Not having Starks was costly for the Aggies, who have very thin point guard depth after losing Duane Wilson to injury and J.J. There was plenty to take away from the game, not the least of which was their freshman point guard stepping up in a big way.
  • CALIFORNIA CHAOS: The White House SUES California Over 'Sanctuary City' Nightmare

    CALIFORNIA CHAOS: The White House SUES California Over 'Sanctuary City' Nightmare

    Immigration and Customs Enforcement officers from making deportation arrests and singled out elected officials for their actions. Brown declared the lawsuit "SAD!" in a Trump-like statement, while the Democrats running to replace him decried Sessions' move.
    Iran's missile programme 'not a threat' to any country

    Iran's missile programme 'not a threat' to any country

    This is the third time that a high-ranking French official visits Iran after the 2015 nuclear deal with world powers. The ministry said it wanted Iran to contribute in a "positive" manner to solving crises in the Middle East.
    CDC Head on Opioid Report: 'This Is a Wake-Up Call'

    CDC Head on Opioid Report: 'This Is a Wake-Up Call'

    Emergency department visits jumped 35 percent for the 16 states where overdose visits were tracked by CDC researchers. In the Northeast, opioid overdose emergency room visits rose by 105 percent in DE and 81 percent in Pennsylvania.
  • New $10 bill unveiled featuring civil rights activist Viola Desmond

    New $10 bill unveiled featuring civil rights activist Viola Desmond

    Desmond, who was short-sighted and could not see properly from the back, sat in the floor section and refused to leave. Desmond's case is credited with playing a role in legally ending segregation in Nova Scotia in 1954.
    All the details of 'Star Wars' actor Mark Hamill's emotional star ceremony

    All the details of 'Star Wars' actor Mark Hamill's emotional star ceremony

    Hamill's "Star Wars" co-star Harrison Ford and director George Lucas will help unveil the star during the ceremony. I feel like that should have cheered us all up but it just made me more emotional.
    Serena Williams ready to return after 14-month absence

    Serena Williams ready to return after 14-month absence

    She is now healthy again, but skipped this year's Australian Open because she did not consider herself tournament ready. It's been fun [getting back to work], I've been having so much fun being a mom, and having time off is good too...
  • Australia signs TPP-11 trade deal

    Australia signs TPP-11 trade deal

    However, it is widely acknowledged that the TPP will benefit Australian exporters. "This is a fair deal for New Zealand". He announced the plan for tariffs last week, rattling financial markets.
    Tiger feeling 'revved up' after round one at Valspar

    Tiger feeling 'revved up' after round one at Valspar

    After a poor second shot, he left himself with 11 feet to save par on the seventh hole, but made the putt, remaining in the lead. But he made back-to-back bogeys at the 12th and 13th before playing the remaining five holes in 1 under.
    The Original Luigi's Mansion Is Being Remade for Nintendo 3DS

    The Original Luigi's Mansion Is Being Remade for Nintendo 3DS

    Mario has gone missing, and Luigi has to search every corner of a dark haunted mansion in order to find him. This story is developing, so we'll make sure to update it as more information becomes available.