Dignified Death for the Terminally ill

Context

In a historic move, the Karnataka Health Department issued an order to put into effect the Supreme Court’s ruling allowing terminally ill patients to die with dignity.

Background and Rationale

• Karnataka is the second state after Kerala to implement the directive.
• Euthanasia is the intentional act of ending someone’s life to alleviate struggling because of a painful, incurable disorder or disorder.

Supreme Court’s Directives on Passive Euthanasia

• Legal Recognition (2018 & 2023 Rulings): The Supreme Court legalized passive euthanasia in 2018, recognizing the right to die with dignity under Article 21 of the Constitution.
  • In 2023, the court simplified procedures for withdrawing life assist, ensuring a based and ethical technique.
• Conditions for Passive Euthanasia: Applicable to terminally ill patients without a hope of healing.
  • Allowed whilst the affected person is in a chronic vegetative state or prolonged laid low with an incurable circumstance.
• Advance Medical Directive (AMD) or ‘Living Will’: Any equipped grownup can create an AMD specifying their scientific treatment possibilities in case they lose choice-making capability.
  • The AMD can nominate two representatives to make decisions on the affected person’s behalf.
• Approval Process for Life Support Withdrawal: Hospitals ought to set up Primary and Secondary Medical Boards (each with three senior medical doctors).
  • The District Health Officer must be concerned in the decision.
  • Final decision requires Judicial Magistrate of the First Class (JMFC) approval and reporting to the High Court Registrar

What is Passive Euthanasia?

• It is withholding or withdrawing life-maintaining treatment (LST), allowing a terminally ill patient to certainly die.
• Legal in India (as per Supreme Court rulings in 2018 & 2023) under strict medical and legal approaches.
• The Ministry of Health and Family Welfare (MoHFW) has released draft hints titled “Guidelines for Withdrawal of Life Support in Terminally Ill Patients.” 

Ethical Considerations of Euthanasia

• Autonomy and the Right to Die: 

• • • Pro-Euthanasia: Argue that people have the right to pick out how they live and die. A competent person has to be allowed to make choices concerning their life, consisting of opting for euthanasia.
    • Anti-Euthanasia: Opponents accept as true that allowing euthanasia undermines the intrinsic fee of life and will set a risky precedent for determining while life is well worth living.

• Beneficence and Compassion:

• • • Pro: Physicians take an oath to lessen struggling. For terminally sick patients in insufferable pain, euthanasia may be a compassionate act that gives comfort.
    • Anti: Opponents argue that palliative care and pain control need to be prioritized instead of ending a patient’s life.

• Slippery Slope Argument:

• • • Pro: Some agree that euthanasia can be regulated with strict hints to prevent misuse.
    • Anti: Others argue that legalizing euthanasia may want to result in involuntary euthanasia or stress on vulnerable people (elderly, disabled) to end their lives to lessen the load on households or society.

• Sanctity of Life vs. Quality of Life:

• • • Sanctity of Life: Many non secular and moral perspectives argue that life is sacred and have to not be taken, no matter suffering.
    • Quality of Life: Others contend that once someone’s quality of life is irreversibly faded, euthanasia is a humane choice.

• Legal and Social Implications:

• • Legalization Issues: Countries like the Netherlands, Belgium, and Canada allow euthanasia beneath strict situations, but legalizing it globally remains contentious.
  • Potential Abuse: There are concerns that euthanasia laws can be abused, leading to non-consensual deaths or prioritizing euthanasia over enhancing healthcare.

Source: The Indian Express

UPSC Prelims Practice Question

Q. Right to Privacy is protected as an intrinsic part of Right to Life and Personal Liberty. Which of the following in the Constitution of India correctly and appropriately imply the above statement? (2018)

(a) Article 14 and the provisions under the 42nd Amendment to the Constitution. 

(b) Article 17 and the Directive Principles of State Policy in Part IV. 

(c) Article 21 and the freedoms guaranteed in Part III. 

(d) Article 24 and the provisions under the 44th Amendment to the Constitution.

Ans: (c)

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