This is kind of a gray area in the country right now because you see, passive euthanasia is legal in India under strict conditions, but active euthanasia where everyone can ask for the killing themselves, well, that type of euthanasia is absolutely illegal in the country. Simple as that.
So What Does The Law Really State About Euthanasia In India?
Previously, before India’s independence, many communities in India were in the practice of voluntary euthanasia, did you know that already? Well, after independence, the topic of euthanasia had shifted to Article 21 of the Constitution of India, which states the right to life. This has raised the question of whether this right includes the choice of death.
And yes, this very discussion about euthanasia really took a serious turn in 1987 when the Bombay High Court stated that the legal punishment of suicide attempts was against the Constitution. However, the Supreme Court of 1996 did not matter in the same respect and said that the right to live is not the same as the right to die thus, this simply means that suicide attempts are still a crime in the country.
Like, the case of Aruna Shanbaug in 2011 was an important turning point where the Supreme Court recognized passive euthanasia, you know, the possibility of allowing patients to end their lives by refusing medical treatment in some cases of illness if certain rules were to be followed. Also in 2018, the court permitted the introduction of “living wills,” wherein you can state, beforehand, that you do not wish to receive any medical help in case you cannot be cured anymore. That’s the reason why the court in 2023, made the process for making a living will simpler.
So What Is The Current Legal Status Regarding This In The Country?
If you live in India and are thinking about euthanasia, it might surprise you to know that active euthanasia is illegal, but passive euthanasia through the withdrawal of life-support might be allowed in some cases. Though, this is only possible if a patient is terminally ill, in a coma, or has previously expressed their choice in a living will or obtained permission from the court.
And sure, right here in India, there are various legislative measures that are being considered to regulate euthanasia thoroughly, one such bill is the Medical Treatment of Terminally Ill Patients Bill 2016, and the matter is still under discussion. Moreover, the Bharatiya Nyaya Sanhita (BNS) Act of 2023 decriminalized suicide attempts, showing that Indian society is changing its opinion on the issues of life and death. Yet, it did not deal with euthanasia directly.
