The landmark case of Common Cause v. Union of India (2018) significantly shaped the discourse around end-of-life rights in India. The Supreme Court recognized the right to die with dignity as an intrinsic part of the fundamental right to life under Article 21 of the Indian Constitution. This judgment not only legalized passive euthanasia but also allowed individuals to create advance medical directives (AMDs) to articulate their wishes concerning medical care at the end of life.
Karnataka has emerged as the first state to implement the Supreme Court's order from January 2023. This decision enables terminally ill patients, who have no hope of recovery or are in a persistent vegetative state, to withdraw or withhold life-sustaining treatments. This process is governed by specific guidelines to ensure ethical compliance and patient autonomy.
It's crucial to differentiate between passive euthanasia and active euthanasia. The recent legal framework pertains specifically to passive euthanasia, which involves the withdrawal of life-sustaining treatment for patients who are terminally ill or unresponsive. In contrast, active euthanasia—which involves direct action to end a life—remains illegal in India.
Karnataka has established a robust implementation protocol. A primary board at the hospital level and a secondary board at the district level oversee cases involving end-of-life decisions. These boards consist of qualified neurologists, surgeons, anesthetists, or intensivists approved under the Transplantation of Human Organs and Tissues Act, 1994. This ensures that decisions are made with the utmost care and professional integrity.
An advance medical directive (AMD) serves as a legal document where individuals can specify their medical treatment preferences, particularly regarding life support in terminal conditions. Under Karnataka's framework, individuals are required to appoint two representatives to make decisions on their behalf if they become unable to do so in the future. This provision ensures that the patient's wishes are honored.
The legislation provides significant benefits for both patients and their families, offering a clear legal framework that enhances decision-making around end-of-life care. It ensures that dignity is maintained during this critical phase of life and helps avoid prolonged suffering for patients with no chance of recovery. The essence of this legal acknowledgment is that human dignity lies in the right to make choices, even at the end of life.
Q1. What is the Supreme Court case related to the right to die with dignity?
Answer: The case is Common Cause v. Union of India (2018). The Supreme Court recognized the right to die with dignity as part of the fundamental right to life under Article 21, legalizing passive euthanasia and allowing advance medical directives.
Q2. What does Karnataka's decision involve?
Answer: Karnataka allows terminally ill patients or those in persistent vegetative states to withdraw or withhold life-sustaining treatments under specific guidelines, following the Supreme Court order from January 2023.
Q3. What is the difference between passive euthanasia and this decision?
Answer: This decision pertains to passive euthanasia, which involves withdrawing life-sustaining treatment. Active euthanasia, which involves direct action to end life, remains illegal in India.
Q4. What steps has Karnataka taken for implementation?
Answer: Karnataka mandates oversight by a primary board at the hospital and a secondary board at the district level, composed of medical professionals approved under relevant legislation, ensuring ethical decision-making.
Q5. What is an advance medical directive (AMD)?
Answer: An AMD is a legal document where individuals record their preferences for medical treatment, including directives on life support, mandating the appointment of representatives to make decisions on their behalf.
Question 1: What does the Supreme Court's ruling on passive euthanasia allow?
A) Legalizes active euthanasia
B) Allows withdrawal of life support for terminally ill patients
C) Prohibits advance medical directives
D) Mandates life support for all patients
Correct Answer: B
Question 2: Which state was the first to implement the Supreme Court's ruling on passive euthanasia?
A) Maharashtra
B) Karnataka
C) Tamil Nadu
D) Gujarat
Correct Answer: B
Question 3: What is an advance medical directive (AMD)?
A) A document for appointing legal guardians
B) A legal document expressing medical treatment preferences
C) A consent form for organ donation
D) A will for asset distribution
Correct Answer: B
Question 4: Which professionals are involved in the boards overseeing end-of-life decisions in Karnataka?
A) General practitioners
B) Neurologists, surgeons, anesthetists
C) Psychologists
D) Social workers
Correct Answer: B
Question 5: What is the primary goal of the legislation regarding passive euthanasia in India?
A) To reduce healthcare costs
B) To ensure dignity in end-of-life care
C) To promote organ donation
D) To eliminate chronic diseases
Correct Answer: B
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