Supreme Court Legalises Passive Euthanasia, Sets Strict Guidelines

The Supreme Court of India today (9 March) said that human beings have the right to die with dignity, thus allowing passive euthanasia, while setting down strict guidelines for it. The apex court also allowed individuals to draft a ‘living will’ – where people can state in advance that they would not like their life to be prolonged by being put on life support – specifying that they not be put on life support should they slip into an incurable coma.

The judgement was delivered by a bench comprising of Chief Justice of India Dipak Misra, A K Sikri, A M Khanwilkar, D Y Chandrachud, and Ashok Bhushan.

While all the judges had separate opinions, they unanimously agreed to allowing a living will stating that individuals should not be made to suffer in a vegetative state when they do not wish to live further.

The bench also set in place strict guidelines to carrying out the mandate of a ‘living will’ by specifying who has the authority to give effect to it and possibly involving a medical board that would determine if the patient in a vegetative state could be revived or not. It also said that it was aware of pitfalls of living wills due to possible property disputes and stated that relatives of a patient without a living will could approach high courts for passive euthanasia.