RIGHT TO DIE

Recently, a ruling by a five-judge Constitution bench of the apex court made the process of passive euthanasia less difficult and less time-consuming. What is the legal history of this matter and the issues involved?

- Abhilash Singh and India Legal Bureau

THE Supreme Court has made changes to the rules for passive euthanasia with the primary objective to make the process less difficult and less time- consuming. During its hearing, a Constitution bench of Justices KM Joseph, Ajay Rastogi, Aniruddha Bose, Hrishikesh Roy and CT Ravikumar pulled up the central government for not making a law on “living wills”.

The move, hailed by medical professionals as necessary, followed a judgment in 2018, also given by a Constitution bench of the top court. It recognised the right to die with dignity, noting that a person can draft a living will, detailing how he/she doesn’t wish to be put on life support in the event he/she slips into an incurable coma.

The topic of euthanasia is perhaps best remembered through the lens of Sanjay Leela Bhansali’s Guzaarish (2010). Starring Hrithik Roshan and Aishwarya Rai Bach chan, the film presents an emotional case for an individual’s right to choose death. The film also brought to attention the phrase “living will”.

Earlier, passive euthanasia was a three-tier process and cumbersome for all involved. Once the treating physician had confirmed that nothing more could be done to save the patient, a primary board was constituted by the hospital which gave its review. Then, a review board was put together by the collector, followed by an approval or rejection from the district magistrate after verifying the facts. Since the 2018 judgment, there has not been a single case of euthanasia, even though there are provisions for it.