Relevance:
Supreme Court altered the existing guidelines for ‘living wills’, as laid down in Common Cause vs. Union of India & Anr (2018), which allowed passive euthanasia.
News Summary:
- ‘Living will’ is a written document that specifies what actions should be taken if person is unable to make their own medical decisions in future.
- Euthanasia is practice of ending life of a patient to limit the patient’s suffering which can be administered only by a physician.
- 2 types of Euthanasia –
- Active euthanasia involves an active intervention to end a person’s life with substances or external force, such as administering lethal injection. It is allowed in Netherland, Belgium, Canada etc.
- Passive euthanasia refers to withdrawing life support or treatment that is essential to keep a terminally ill person alive. It is allowed in India, Finland, Germany etc.
- Major judgements related to Euthanasia –
- P. Rathinam Case (1994): Struck down section 309 of IPC (attempt to suicide) as unconstitutional.
- Aruna Shanbaug Case (2011): SC allowed passive euthanasia for first time.
- The court specifically stated that “Dignity in the process of dying is as much a part of the right to life under Article 21. To deprive an individual of dignity towards the end of life is to deprive the individual of a meaningful existence.”
Right to Privacy is protected as an intrinsic part of Right to Life and Personal Liberty. Which of the following in the Constitution of India correctly and appropriately imply the above statement? (2018)
- Article 14 and the provisions under the 42nd Amendment to the Constitution.
- Article 17 and the Directive Principles of State Policy in Part IV.
- Article 21 and the freedoms guaranteed in Part III.
- Article 24 and the provisions under the 44th Amendment to the Constitution.
Reference: Hindustan Times
