The Centre is in favour of passive euthanasia and the Government is actively considering a law that will enable terminally ill patients to exit the world at the wish of their kith and kin, the Health Ministry informed the Supreme Court on Friday.
In passive euthanasia a terminally ill patient’s death is caused slowly by withdrawing medicine, food and life support system over a period, while active euthanasia involves instant death by administering drugs or lethal injection. However, the Centre is against active euthanasia as it has potential for misuse.
The revelation by the Ministry of Health and Family Welfare (MHFW) has come at a time when a Constitution Bench of the SC is deciding a PIl by NGO Common Cause on the merits of a living Will, where a dying person can declare in advance his or her wish to die to escape the suffering of a long illness.
The court had sought the view of the Centre, particularly since a report of the law Commission submitted to the Centre in August 2012 recommended a law on passive euthanasia.
The ministry in its affidavit to the court said that an expert committee had reviewed passive euthanasia and suggested a few modifications to the draft legislation proposed by the law Commission, titled ‘The Medical Treatment of Terminally Ill Patients (Protection of Patients and Medical Practitioners) Bill’.
The affidavit filed by an Under Secretary in the Health Ministry said: “Based on the recommendations of the Expert Committee, Directorate General of Health Services has proposed formulation of a legislation on passive euthanasia.”
“The expert committee has not agreed to active euthanasia since it has more potential for misuse and as on date it is prevalent in very few countries worldwide,” it stated.
About the living Will, the Centre said even the law Commission is not in favour which has suggested that such an “advance medical directive” or medical “power of attorney” shall be void and will not bind a medical practitioner.
But with the matter pending in court, the Health Ministry has decided to await the proceedings. Since the issue is being heard by a Constitution Bench, the Centre said, “The law Ministry had sought some clarifications which have since been provided. In this situation, this Ministry had thought it prudent to stay its hand, in view of the pendency of the matter before the Constitution Bench of the SC.”
Even before the law Commission report, the Centre said it had accepted the landmark decision of the Supreme Court in the Aruna Shanbaug case delivered on March 7, 2011 as the law of the land. The case dealt with a nurse in Mumbai who was raped by a hospital attendant and was since reduced to a vegetative state. In the absence of any family members, hospital staff at KEM Hospital took care of her.
A social activist, seeing her pain and suffering, approached apex court for an order to allow passive euthanasia for Shanbaug. The court laid down elaborate guidelines by which a Medical Board will form an opinion on passive euthanasia and inform the concerned High Court, which will then pass an order for fastening the death of patients in their final stage of illness.