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PASSIVE EUTHANASIA - BY E.HARIHARAN

INTRODUCTION 
“Life and Death are inseparable. Every moment our bodies undergo change.
Life is not disconnected from death. Dying is a part of the process of living”
                                  -Justice DY. Chandrachud
                                                
In this fast running world, having a healthy life is a boon. Many humans suffer due to various kinds of illness in this instance where some hold their lives and some reach eternity. Nothing is permanent in this unstable world and one who is healthy today may become prey to some worst kind of disease in later time. 
WHAT IS EUTHANASIA?
Euthanasia is deliberately ending one’s life usually to relieve suffering. It would be done on request of the person suffering. 
ACTIVE AND PASSIVE EUTHANASIA
Euthanasia is generally of two types Active and Passive Euthanasia. Active Euthanasia is where the doctor administers lethal drugs to terminate the life of ill person while, in passive euthanasia the life support will be wantenly removed so as to end life. Active Euthanasia is illegal in India while Passive Euthanasia has been made legal through a Supreme Court Judgment Aruna Ramachandra Shanbaug vs Union of India  (2011) 4 SCC 454, where Aruna Ramachandra Shanbaug was a staff working in King Edward Memorial Hospital, Parel, Mumbai. On the evening of 27th November, 1973 she was attacked by a sweeper in the hospital who wrapped a dog chain around her neck and yanked her back with it. He tried to rape her but finding that she was menstruating, he sodomized her. To immobilize her during this act he twisted the chain around her. The next day, a cleaner found her in an uncouncious condition lying on the floor with blood all over. It was alleged that due to strangulation by the dog chain the supply of oxygen to the brain stopped and the brain got damaged. The Supreme Court didn’t allow Passive Euthanasia to be administered on Aruna but the Court provided certain guidelines to be followed for Passive Euthanasia. The Supreme Court allowed Passive Euthanasia in certain conditions, subject to the approval by the High Court following the due procedure. When an application for Passive Euthanasia is filed before the Chief Justice of the High Court should forthwith constitute a Bench of at least two judges who should decide to grant approval or not. Before doing so the Bench should seek opinion of a committee of three reputed doctors to be nominated by the Bench after consulting such medical authorities/medical practitioners as it may deem fit. Simultaneously with appointing the committee of doctors, the High Court Bench shall also issue notice to the State and close relatives e.g. Parents, spouse, brothers/sisters etc. of the patient, and in their absence his/her next friend, and supply a copy of the report of the doctor’s committee to them as soon as it is available. After hearing them, the High Court bench should give its verdict. The above procedure should be followed all over India until Parliament makes legislation on this subject. Previously in Gian Kaur vs State of Punjab 1996 CrLJ 1660 (SC) the decision of P.Rathinam vs Union of India AIR 1994 SC 1844 declaring Sec 309 of IPC unconstitutional was reversed stating that Sec 309 is within the constitutional mandates and is not violative of any fundamental rights. Even in the case of State of Maharashtra v. Maruty Shripati Dubal 1987 (1) Bom CR, the contention was that Section 309 of the Indian Penal Code was unconstitutional as it is violative of Article 19 and 21. In P.Rathinam case the Supreme Court held that criminal penalties for suicide violate the constitutional right to life by amounting to a double punishment, specifically women who attempt suicide after abuse cannot be criminally penalized for their suicide attempt. Later in Common cause Registered Society Vs Union of India 2014 AIR SC 1556 the question of active and passive euthanasia was raised with special emphasis on Article 21 of the Indian Constitution.  It was prayed that the Right to life under Article 21 of the constitution also includes Right to die with dignity. It was also prayed to allow terminally ill patients to execute “living wills” for appropriate in the event that they are admitted in the hospital. Common Cause argued that terminally ill persons or those suffering from chronic diseases must not be subject to cruel treatments. Denying them the right to die in a dignified manner extends their suffering. On 9th March 2018, a 5 judge Bench held that the right to die with dignity is a fundamental right and an individual’s right to execute advance medical directives is an assertion of the bodily integrity and self-determination and does not depend on any recognition or legislation by a state.
CONCLUSION
Even though passive euthanasia is illegal in many countries, our Supreme Court has approved passive euthanasia by providing some guidelines to be followed, a proper legislation to regulate passive euthanasia is the need of the hour as suffering of many bed ridden patients supplemented by ill treatment in some cases can be curbed and make sure this relief is acted upon persons who really is in need of.

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