Optimize IAS
  • Home
  • About Us
  • Courses
    • Prelims Test Series
      • LAQSHYA 2026 Prelims Mentorship
    • Mains Mentorship
      • Arjuna 2026 Mains Mentorship
  • Portal Login
  • Home
  • About Us
  • Courses
    • Prelims Test Series
      • LAQSHYA 2026 Prelims Mentorship
    • Mains Mentorship
      • Arjuna 2026 Mains Mentorship
  • Portal Login

The right to die with dignity — SC rulings and what the law says in India

  • October 26, 2024
  • Posted by: OptimizeIAS Team
  • Category: DPN Topics
No Comments

 

 

The right to die with dignity — SC rulings and what the law says in India

Sub : Env

Sec: Species in news

Context:

  • Last month, the Ministry of Health and Family Welfare released draft Guidelines for the Withdrawal of Life Support in Terminally ill patients to operationalise the Supreme Court’s 2018 and 2023 orders on the right to die with dignity for all Indians.

Withholding/ withdrawing life-sustaining treatment:

  • Life-sustaining treatments are medical treatments that artificially replace bodily functions essential to the life of the person.
  • Withholding or withdrawing life-sustaining treatment refers to discontinuing life-sustaining medical interventions such as ventilators and feeding tubes, etc., when these no longer help the condition of the patient or prolong their suffering.
  • Withholding or withdrawing life-sustaining treatment is not about giving up on the patient. It involves recognizing when further medical intervention would only prolong suffering. Instead, it allows for palliative care, focusing on managing pain and ensuring comfort.
  • Withholding or stopping life-sustaining treatment can happen in two ways:
    • When a patient who can make decisions chooses to refuse treatment
    • Through an advance medical directive (living will), a document that outlines what should be done if the person is unable to make their own medical choices in the future.
  • For someone who can’t make decisions and doesn’t have a living will, doctors can consider stopping treatment when they believe there’s no reasonable chance of recovery from a terminal illness or a vegetative state.
  • The withholding or withdrawal of life-sustaining treatment also includes ‘do-not-attempt-resuscitation’ orders.
  • When a do-not-attempt-resuscitation (DNAR) order is in place, doctors should still work to treat the patient’s underlying condition. The order only means that they will not start resuscitation efforts.

Legal status:

  • The right to refuse medical treatment has long been recognized in common law, even if such a decision may lead to death.
  • Following the Supreme Court’s decision in Common Cause vs Union of India (2018), it is also recognised as a fundamental right under Article 21 of the Constitution.

What is Euthanasia:

  • Euthanasia, often referred to as mercy killing, is the intentional act of a doctor ending the life of a terminally ill patient for the good of the patient.
  • Passive Euthanasia: In India, the term passive euthanasia is used to describe withholding or withdrawing life-sustaining treatment.

How to create a Living will:

  • To ensure the right to die with dignity, the Supreme Court established a framework for living wills in 2018, which was simplified in 2023.
  • A living will is a written document created by anyone aged 18 or older, outlining their treatment preferences if they lose decision-making capacity.
  • It should include at least two trusted surrogate decision-makers (e.g., family or friends) to make choices on the person’s behalf.
  • Must be signed in front of an executor and two witnesses, and attested by a notary or gazetted officer to be legally valid.

Medical Procedure for Withholding or Withdrawing Treatment:

  • Primary Medical Board: The treating hospital forms a board to evaluate the patient’s condition and recommend whether to withhold or withdraw treatment. This board includes the treating doctor and two subject-matter experts with at least five years of experience.
  • Secondary Medical Board: This board, also set up by the hospital, reviews the Primary Board’s decision and consists of a a registered medical practitioner nominated by the district Chief Medical Officer, along with two subject-matter experts with at least five years of experience. All these members must be different from those on the Primary Medical Board.
  • Consent Requirement: Consent from the nominated decision-makers in the living will or surrogate decision-makers is required to proceed with withholding or withdrawing treatment.
  • Judicial Notification: The hospital must inform the local judicial magistrate about decisions made regarding treatment.
Environment The right to die with dignity — SC rulings and what the law says in India

Recent Posts

  • Daily Prelims Notes 23 March 2025 March 23, 2025
  • Challenges in Uploading Voting Data March 23, 2025
  • Fertilizers Committee Warns Against Under-Funding of Nutrient Subsidy Schemes March 23, 2025
  • Tavasya: The Fourth Krivak-Class Stealth Frigate Launched March 23, 2025
  • Indo-French Naval Exercise Varuna 2024 March 23, 2025
  • No Mismatch Between Circulating Influenza Strains and Vaccine Strains March 23, 2025
  • South Cascade Glacier March 22, 2025
  • Made-in-India Web Browser March 22, 2025
  • Charting a route for IORA under India’s chairship March 22, 2025
  • Mar-a-Lago Accord and dollar devaluation March 22, 2025

About

If IAS is your destination, begin your journey with Optimize IAS.

Hi There, I am Santosh I have the unique distinction of clearing all 6 UPSC CSE Prelims with huge margins.

I mastered the art of clearing UPSC CSE Prelims and in the process devised an unbeatable strategy to ace Prelims which many students struggle to do.

Contact us

moc.saiezimitpo@tcatnoc

For More Details

Work with Us

Connect With Me

Course Portal
Search