The Law Commission which advice government on legal issues made a recommendation to the government to initiate measures to enact a comprehensive law on passive euthanasia, subject to certain safeguards.
According to the Commission, Passive Euthanasia is not objectionable from a legal and constitutional point of view.
It was in April 2011 that the UPA government had asked the law commission to study the feasibility of framing a law for euthanasia after the legalization of Passive Euthanasia in Aruna Shanbaug case after the Supreme Court verdict. The verdict was just law of the land till it will enacted by Parliament.
In its report on passive euthanasia the law commission recommended that a “competent” adult patient, who can take an informed decision, has the right to insist that there should be no invasive medical treatment by way of artificial life sustaining measures.
It was also suggested by the commission that if patients cannot take a decision on their own, then the decision of the doctors or relatives to withhold or withdraw the medical treatment will not be final.
Also, the same rule will apply to a minor above 16 years of age who has expressed his or her wish not to have such treatment provided the consent has been given by the major spouse and one of the parents of such patient.
Whereas, Active euthanasia still remain a crime under Section 302(murder) or 304 (culpable homicide not amounting to murder) of the IPC, along with the physician assisted suicide under section 306 IPC (abetment of suicide)
What is Euthanasia?
Euthanasia is the practice of intentionally ending a life in order to relieve pain and suffering.
Passive euthanasia entails the withholding of common treatments, such as antibiotics, necessary for the continuance of life.
Active euthanasia entails the use of lethal substances or forces, such as administering a lethal injection, to kill and is the most controversial means.
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