Passive Euthanasia

Structure
• What is Euthanasia? What is the difference between active and
passive euthanasia?
• What is the current position of Indian law on Euthanasia?
• Explanation of living will and procedure
• Why passive euthanasia and not active
• Individual’s self interest over State’s interest
• Comments on the judgement
• Position of law in various other Jurisdictions on Euthanasia
• Conclusion
What is Euthanasia
• Euthanasia is broadly the act of intentionally ending a life with a view
to end suffering
• It’s usually a plea taken up when the Patient has no hope of recovery
What is the difference between Active and Passive
Euthanasia
Active Euthanasia Passive Euthanasia
• Death is brought about by an • Death is brought about by
overt act omission
• For example, injecting a serum • For example, withdrawing or
that brings about a quick and withholding treatment
painless death.
Current Position of Law on Euthanasia
in India
• In March 2018, the Supreme Court in Common Causes v. Union of
India, legalized Passive Euthanasia.
• It also recognized the right of an individual to refuse treatment and
the right to die with dignity
• This judgement is extremely relevant because it also intertwines
privacy and the rights of an individual.
Living Will/Advanced Directive
• Living will is a written document that allows a patient to give explicit
instructions in advance about the medical treatment to be
administered when he or she is terminally ill or no longer able to
express informed consent.
• It includes authorizing families to switch off life support
• Safeguards:
• Can be executed only by an adult, who is of sound mind
• Voluntary, without coercion
• Should nominate a person who will be taking the decision
Procedure
Living Will signed in presence of JMFC

Hospital constitutes Medical Board

Collector is informed and a higher level Medical Board constituted

The approval of the Medical board is given to JMFC and he authorizes implementation
Why Passive and not Active
Euthanasia
• The SC draws this distinction to try and justify Passive Euthanasia. For
this it states two major reasons
• First, In Passive Euthanasia, the doctor does not actively kill the
patient, they are merely not saving him.
• Second, the death of the Patient is not due to any act on part of the
doctor but rather because of an already persisting Terminal illness.
Individual’s self interest over the
State’s
• The State has an inherent interest in the Individual. This is because of
various social, ethical and moral reasons.
• However, the Individual also has his/her own will. This will has been
prioritised in this judgement. This is important because it is one of the
steps in bringing about a paradigm change in the way law works in
India.
Comments on the judgement
• Procedure too lengthy and wastes a lot of time
• Passive Euthanasia does not meet the purpose of Euthanasia itself. -
Reduce Suffering
• Consent - Not real
Position of law in various countries on
Euthanasia
Conclusion
• There are certain inherent contradictions and problems with the
judgement
• But, Step towards right direction.
• Active or Passive? Thoughts about judgement.