New Delhi, Mar 10: In a landmark judgment that will serve to end the struggles of millions of people who await death confined to hopelessness and misery, the Supreme Court of India legalized passive euthanasia. A clause ‘living will’ was added to the legal framework involving the case which would empower the terminally ill patients or those in permanent vegetative state (PVS) a graceful end. The living will is defined as the person’s right to issue a pre directive where in which he or she allows the withdrawal of life support or discontinuation of medicine if a situation arises in future of person being in a terminally ill state. The constitution bench of Chief Justice of India Dipak Misra, Justice A K Sikri, A M Khanwilkar, D Y Chandrachud and Ashok Bhushan which had studied a PIL filed by NGO ‘Common cause’ in 2005, delivered their thoughts on an important case that aims to curb the agony of a dying individual with absolutely no chance of survival. The PIL filed by the NGO wanted ‘Right to Die’ as a Fundamental Right under Article 21 (Right to Life) of the Constitution of India. The Judges on the bench were almost unanimous and in sync with the milestone verdict they passed and provided vocal support to the cause of the terminally ill people who they believe complete a glorious life only if they meet a non-volatile end.

What is Euthanasia?

Euthanasia is an act of killing or allowing the killing of a terminally ill patient who has no chance of survival in a relatively painless way on humanitarian grounds showing the ultimate act of mercy. Euthanasia can be active or passive in form and depending on the legal framework of a state, euthanasia is carried out in active or passive manner.

What is Active Euthanasia?

Active Euthanasia is the act where in the state takes the life of a dying individual with the means of a lethal injection or substance. Active Euthanasia is considered the aggressive form of Euthanasia as it is directly involved with the killing. It is legal in handful of countries namely-Switzerland, Netherland, Canada, certain states in the USA. Assisted suicide has been a matter of grave debates raging on for years with most countries against the act of taking away a life with lethal drugs.

What is Passive Euthanasia?

Passive Euthanasia is the act of helping a terminally ill person in an indirect manner to speed up his inevitable death. This may include stopping the life support or the cease of life saving procedures that help to increase the life span of an individual with no permanent cure. India with its historic judgment joined the likes of South Africa and Japan to allow Passive Euthanasia.

Let us now take a look at some of the prominent cases in India that has raged the debate around Euthanasia.

K Venkatesh:  A young 25-year-old man from Hyderabad suffering from Muscular Dystrophia pleaded before the authorities to help him end his life only to die two days after his plea was rejected by the Andhra Pradesh High Court. According to his mother, K Venkatesh wanted to donate his organs after his death which was slowly and steadily getting rendered useless but the lack of clear law meant he could only donate his eyes. Suffering from the muscular disorder for more than 18 years, his tryst with struggle to end his life on own terms prompted his mother to fight a lengthy battle to allow Euthanasia in the country.

Dennis Kumar: A father asking to put an end to the miseries of his son suffering from an unknown disease since child makes a heart-wrenching episode, but the district administration of Kanyakumari had to face such an incident. Unable to bear the medical expenses of his son’s treatment and having to see him suffer daily, Dennis Kumar’s filed in a plea which was denied by the court in 2008.

Aruna Shanbaug: The KEM nurse who was strangulated and sodomised by a sweeper in 1973 leading to her spending the rest of her life in vegetative state drew a wide spread attention. She was at the mercy of KEM administration who kept her alive by keep her feeding her through intravenous pipes and took care of her through proper medication for as long as 37 years knowing she will never be back to normal again. A plea filed by her friend Pinky Virani was rejected by the apex court citing the fundamental right to live of an individual and led to them drawing guidelines involving Euthanasia.

Anamika Mishra: Suffering from Muscular Dystrophy disease and struggling with everyday life, Anamika Mishra’s mother wrote to PMO seeking Euthanasia for her daughter. Her husband too had suffered and met an end to his life suffering with the same disease. The PMO taking cognizance of the matter wrote to the authorities to submit a report on the matter. Although nothing concrete took place after the order of enquiry, the recent judgment has been welcomed by Anamika which according to her brings hopes to several suffering from similar terminal disease.

Mr Narayan and Mrs Iravati Lavate: An interesting scenario arose when a couple from Mumbai wrote to the President of India seeking Euthanasia although they did not suffer from any illness. Citing old age as possible invitation to any terminal disease and fearing incapable and inglorious end to life they sought active euthanasia from the state. India does not have a law for active euthanasia still and naturally their request was turned down by authorities. With the passage of law involving passive euthanasia they felt disappointed. They feel an individual above the age of 75 should have the right to end his or her life.

While the passage of the law involving passive euthanasia should be celebrated, what will be interesting to note is the implementation of the guidelines. The doctors in most cases will have to consider a case as that of terminally ill nature hence the living will concept needs to be implemented with the active support of the doctors. Many a times doctor can refuse the living will citing medical advancements as a reason giving a person a chance of living a normal life. What will be the government’s stance in such a situation. Thus, it is safe to say the battle is only half won for individuals seeking euthanasia and that only when things start to move smoothly on ground that it will mark a change in their lives.

(The above story first appeared on LatestLY on Mar 10, 2018 03:42 PM IST. For more news and updates on politics, world, sports, entertainment and lifestyle, log on to our website latestly.com).