CA-4
Passive Euthanasia
For Prelims: Passive euthanasia, National Health Digital Record, Article 21,
Living Will.
For Mains: Major Changes in Guidelines of Passive Euthanasia, Euthanasia in
India.
Why in News?
U.K. MPs approve Assisted Dying
bill
The bill would allow terminally ill adults over age 18 in England and Wales, who are
deemed to have less than six months to live, to apply for an assisted death.
Indian scenario
1. In P. Rathinam v. Union of India (1994), the Supreme Court of India
declared Section 309 of the Indian Penal Code, which criminalized
attempted suicide, as unconstitutional.
2. Gian Kaur v. State of Punjab (1996), overturned this decision,
holding that the right to life does not include the right to die.
3. Previously in 2011, the SC recognised passive euthanasia in
the Aruna Shanbaug case for the first time.
4. The Supreme Court of India in a landmark judgement in Common
Cause vs Union of India (2018) recognised a person’s right to die with
dignity, saying that a terminally ill person can opt for passive
euthanasia and execute a living will to refuse medical treatment
5. The Supreme Court in 2023 modified the 2018 Euthanasia
Guidelines to ease the process of granting passive euthanasia to
terminally ill patients
About:
o Euthanasia is the practice of ending the life of a patient to limit the
patient's suffering.
Types of Euthanasia
Active Euthanasia:
• Active euthanasia occurs when the medical professionals, or
another person, deliberately do something that causes the
patient to die, such as administering a lethal injection.
Passive Euthanasia:
• Passive euthanasia is the act of withholding or withdrawing
medical treatment, such as withholding or withdrawing life
support, with the intention of allowing a person to die.
EXPECTED QUESTIONS
1-Which of the following statements accurately distinguishes between 'Active
Euthanasia' and 'Passive Euthanasia' in the Indian legal context?
a) Active euthanasia involves an act of commission to end life, while passive
euthanasia involves an act of omission, and both are currently permissible under
strict judicial guidelines.
b) Active euthanasia is recognized as a fundamental right under Article 21,
whereas passive euthanasia is explicitly prohibited by statute.
c) Active euthanasia involves the direct administration of a lethal substance,
which remains illegal in India, while passive euthanasia, involving withdrawal of
life support, is permissible under specific Supreme Court directives.
d) Active euthanasia is primarily concerned with terminally ill patients, while
passive euthanasia applies only to patients in a persistent vegetative state (PVS).
The correct answer is c) Active euthanasia involves the direct administration of a
lethal substance, which remains illegal in India, while passive euthanasia,
involving withdrawal of life support, is permissible under specific Supreme Court
directives.
2-With reference to Article 21 of the Constitution of India, consider the following
statements:
1. It protects the right to life and personal liberty of all persons, including non-
citizens.
2. The expression "procedure established by law" means that the procedure
must be fair, just, and reasonable.
3. This right can be suspended during a National Emergency under all
circumstances.
Which of the statements given above are correct?
a) 1 and 2 only
b) 2 and 3 only
c) 1 and 3 only
d) 1, 2 and 3
ANSWER-A
EXPLANATION
• It protects the right to life and personal liberty of all persons, including non-
citizens." - Correct. "No person" implies both.
• "The expression "procedure established by law" means that the procedure
must be fair, just, and reasonable." - Correct. Post-Maneka Gandhi (1978)
interpretation. • "This right can be suspended during a National Emergency
under all circumstances." - Incorrect. Article 20 & 21 cannot be suspended
during National Emergency (44th Amendment).
