Passive Euthanasia is the withdrawal of medical treatment and life support of a terminally-ill patient to facilitate (natural) death.
The Supreme Court had recognised passive euthanasia for the first time in the 2011 in Aruna Shanbaug case.
Accordingly, withdrawal of life-sustaining treatment from patients not in a position to make an informed decision (incompetent case) is permitted.
The SC further laid down comprehensive guidelines on passive euthanasia, which was to be followed until a law was enacted in this regard.
Subsequently, government drafted the Medical Treatment of Terminally Ill Patients [Protection of Patients and Medical Practitioners]) Bill earlier in the year.
But, given some concerns regarding the possible misuse of its provisions, the SC suggested adequate changes to ensure proper safeguards.
It even recommended a proper medical board examination of all cases of euthanasia.
What does the new bill provide for?
Approval Procedure - Hospitals have to set up approval committees for considering cases of passive euthanasia.
These panels will decide on applications of “Living will” which is a written document by a “competent” terminally ill patient.
This will allow them to explicitly state their desire against life-prolonging measures when recovery is not possible.
For incompetent terminally ill patients, unanimous consent of near relatives has been suggested to apply for withdrawal of medical treatment.
Other Provisions – Any distortion of facts before such panels may lead to a maximum of 10 years in jail and a fine of up to Rs 1 crore.
The draft provides for pain reducing medication (palliative care) even after passive euthanasia is approved.
It clearly stated that it did not encourage active euthanasia which is the acceleration of death by using lethal means.
The bill also provides for the protection of medical practitioners and care givers, by absolving them of guilt in acts of passive euthanasia.
