1.Passive Euthanasia Legal Framework India (Passive Euthanasia)
What & Where
Passive euthanasia = withdrawing/withholding life-support for terminally ill, letting death occur naturally.
Legal across India via SC rulings; living-will mechanism supervised by Judicial Magistrate (First Class).
Core process: two-tier medical boards + hospital ethics committee (post-Jan 2023) before life-support removal.
Quick Facts for MCQs
Legal & Policy
- Distinction: active euthanasia illegal; passive conditionally lawful under judiciary-laid guidelines.
- Article 47 obliges State to ensure accessible palliative and end-of-life care.
- UK, Netherlands models cited but deemed unfit without Indian health-system strengthening.
Procedural Steps
- Living-will: signed by adult of sound mind, two witnesses, JMFC attestation.
- Sequential scrutiny: primary hospital board → secondary CMO board → JMFC verification.
- Without directive: family or doctors petition court under same two-board protocol.
Implementation Issues
- Bureaucratic latency defeats timely relief to terminally ill patients.
- Low awareness among citizens & medics; formal consent rarely pursued.
- Rural hospitals lack mandated ethics committees, causing unequal access.
Reform Proposals
- Digital registration via Aadhaar-linked National Euthanasia Portal; online modification allowed.
- Hospital ethics committee to authorise withdrawal within 48 hours; decentralises decisions.
- Safeguards: seven-day cooling period, mandatory counselling, random state-level audits.
Key Data Points
| Feature | Data-Point |
|---|---|
| First SC nod to passive euthanasia | Aruna Shanbaug case, 2011 |
| Living-will recognised | Common Cause case, 2018 |
| Constitutional basis | Article 21: Right to Life & Dignity |
| Primary medical board size | 3 senior specialists |
| Secondary board head | District Chief Medical Officer |
| 2023 simplification | Collector approval scrapped; hospital ethics committee empowered |
| Attestation authority for living will | Judicial Magistrate First Class |
| IPC section causing doctors’ fear | Section 309 (attempted suicide) |
Related UPSC Prelims PYQs
Which one of the following has legalised euthanasia?
Which one among the following was the first to legalize euthanasia?