India’s top court permits passive euthanasia

New Delhi : Individuals have a right to die with dignity, India’s Supreme Court said on Friday in a landmark verdict that permits the removal of life-support systems for the terminally ill or those in incurable comas.

Passive euthanasia, as it is called, will apply only to a terminally ill person with no hope of recovery, a panel of five judges said. Active euthanasia, by administering a lethal injection, continues to be illegal
in India.

When the sanctity of life was destroyed, said a panel of five judges headed by Chief Justice Dipak Misra, “Should we not allow them to cross the door and meet death with dignity? For some, even their death could be a moment of celebration.”

The court also permitted individuals to decide against artificial life support, should the need arise, by creating a “living will”.

The decision makes it legal for the terminally ill to decide against using life support systems to continue living, and frees the doctors and families of those who slip into incurable comas to halt such measures, in the patients’ best
interest.

“This is an important, historic decision, which clears the air,” said supreme court lawyer Prashant Bhushan.

“Everybody will breathe a sigh of relief, because people were earlier apprehensive that if they withdrew life support, they could be prosecuted for culpable homicide,” he added.