The Supreme Court has given permission for euthanasia to Harish Rana. Harish Rana has been bedridden for 13 years. This decision has been given by the bench of Justice JB Pardiwala and Justice KV Vishwanathan. AIIMS had said in its report that there is no hope of Harish Rana’s recovery. After this, the court has given permission to Rana for passive euthanasia. Harish was studying in Chandigarh. In 2013, he suffered a serious head injury after falling from the fourth floor of the hostel. Since then he is in bed in an unconscious state. There were wounds on the body due to continuous bed rest.
Having no hope of recovery, Harish’s parents approached the Supreme Court for euthanasia of their son. Now the court has allowed passive euthanasia. There are two types of euthanasia. Active and passive. Know what is the difference between the two and what are the rules in India.
Difference between active and passive euthanasia
Before understanding the difference between the two, let us know about euthanasia. It is also called euthanasia or mercy killing. It is given in cases when a person suffering from an incurable or serious disease can no longer bear the pain. The process of ending life with the consent of the victim and family is called euthanasia. Passive euthanasia has been legalized in India.
There are two types of euthanasia. Active and passive.
- Active Euthanasia: In this process the patient is directly killed. For this, the patient is given lethal injection or medicine. Active euthanasia is illegal in most countries including India. The Indian Code of Justice (BNS), 2023, has registered acts intentionally causing death as culpable homicide or murder under sections 100 and 101.
- Passive Euthanasia: There is no direct death in this. Many methods are adopted in this. Such as removing the life support system (ventilator), stopping artificial food or medicines and stopping the treatment. Its purpose is to protect the right to a dignified death and to stop suffering due to the disease being incurable.
Big decision of the Supreme Court regarding the life of Harish Rana who was in coma for 13 years.
What are the rules on euthanasia in India?
- In the case Aruna Shanbaug v. Union of India (2011), the Supreme Court accepted that life-saving treatment could be legally withheld. This also applies to persons who have lost the capacity to take decisions.
- In the case Common Cause v Union of India (2018), the Supreme Court recognized the right to a dignified death as a fundamental right under Article 21 of the Constitution and legalized the use of advance medical directives or “Living Wills (conditions under which treatment can be withdrawn)”. In this way passive euthanasia was approved.
- The Supreme Court amended the 2018 euthanasia guidelines to simplify the process of passive euthanasia in 2023. According to the rules, for this, an adult person of healthy mind can make a will. It should be signed in the presence of two witnesses. The signature can be attested by a notary or a gazetted officer.
- The hospital constitutes two medical boards. Communicates its decision to medical boards within 48 hours. If the hospital board refuses to give permission, the patient’s family can appeal in the High Court. The court appoints a new medical board to review the case.
- Passive euthanasia is acceptable in many countries including India, but countries like Netherlands and Belgium have legalized active euthanasia.
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