NEW GUIDELINES ON PASSIVE EUTHANASIA

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Context:

New Draft Guidelines on Passive Euthanasia released by the Union Health Ministry.

Details

The Union Health Ministry recently released draft guidelines for passive euthanasia. These guidelines, called the Draft Guidelines for Withdrawal of Life Support in Terminally Ill Patients, focus on the process for stopping life-support measures in people with terminal illnesses.

What is Terminal Illness?

Terminal illness is defined in the draft as a condition that is incurable and will lead to death in the near future. The guidelines outline four key conditions for withdrawing life support:

1. Brainstem death – when the patient has been declared brain dead.
2. Advanced disease – when doctors believe that aggressive treatment will not help the patient anymore.
3. Informed refusal – when the patient or their legal representative refuses life support after understanding the medical prognosis.
4. Supreme Court procedure compliance – following legal processes as outlined by the Supreme Court of India.

Response from Doctors

The National President of the Indian Medical Association (IMA) emphasized that doctors have always made such decisions in good faith, discussing options with the patient’s family. He feels that making these decisions into rigid guidelines might create misunderstandings about the way doctors and families handle these sensitive situations.

What is Passive Euthanasia?

Passive euthanasia is when life-support treatments, such as ventilators or feeding tubes, are stopped, allowing a person to die naturally from their illness. This differs from active euthanasia, where steps are directly taken to end a person’s life. 

It is considered when a patient has little hope of recovery or is suffering from a terminal condition. The decision can be made by the patient, if they are able, or by family members or healthcare representatives.

Active Euthanasia is illegal and a crime under Indian Penal Code (IPC) Section 302 or Section 304.

Where is Euthanasia Legal?

Euthanasia is legal in several countries, including the Netherlands, Belgium, Luxembourg, and Spain. In Switzerland, assisted suicide is allowed. Canada permits both euthanasia and assisted suicide. In the United States, some states like Oregon, Washington, and California allow assisted suicide under strict regulations. 

Status of Passive Euthanasia in India

In the Aruna Shanbaug Case (2011), a plea was made to the Supreme Court to end her life by removing her life support. The Court refused but, for the first time, recognized passive euthanasia legal under strict conditions.  

In the Common Cause Case (2018), petitioners asked the Supreme Court to give patients the right to refuse life-saving treatment through advance directives, or "living wills". The court agreed and said people could decide in advance if they want life support if they become critically ill. The Court explained that passive euthanasia is linked to the right to die with dignity, protected under Article 21 of the Indian Constitution.

In 2023, the Supreme Court made passive euthanasia easier. Now, people don’t need a judicial magistrate to sign a living will; a gazetted officer can do it. Also, the living will is now stored in the National Health Digital Record so doctors and hospitals across the country can access it. If a hospital refuses to follow the will, the family can ask the High Court to review the case with help from medical experts.

Must Read Articles: 

PASSIVE EUTHANASIA

Ensuring Dignity For The Terminally Ill

Source: 

The Times of India

Wikipedia

PRACTICE QUESTION Q.Which of the following statements is/are correct about passive euthanasia? 1. It involves directly causing the patient's death. 2. It includes stopping treatments that artificially prolong life. 3. The patient dies due to the underlying illness. 4. It is the same as assisted suicide. Select the correct answer using the codes given below: A) 2 and 3 only B) 3 and 4 only C) 1, 3 and 4 only D) 1, 2, 3 and 4 Answer: A Explanation: Statement 1 is incorrect: Passive euthanasia does not directly cause the patient's death, it allows the patient to die naturally by stopping life-sustaining treatments. Active euthanasia involves directly causing death, which is illegal in many places. Statement 2 is correct: In passive euthanasia, medical treatments like ventilators or feeding tubes that keep the patient alive are withdrawn. Statement 3 is correct:  When passive euthanasia is applied, the patient's death happens because of the existing terminal illness, not because of external intervention. Statement 4 is incorrect: Assisted suicide involves a person (usually a doctor) providing the means for the patient to end their own life, such as prescribing lethal medication. Passive euthanasia simply allows death by withholding treatments.