The Constitution Bench of the Supreme Court in
Gian Kaur's case held that the
right to life, including the right to live with human dignity, encompasses the
existence of such a right up to the end of natural life, which also includes the
right to a dignified life up to the point of death, including a dignified
procedure of death. This right was deemed to be part of the fundamental right
enshrined under Article 21 of the Constitution, which we also reiterate. We hold
that the Constitution Bench did not express a binding view on the subject of
euthanasia.
However, the Constitution Bench noted a distinction between cases where a
physician decides not to provide, or to discontinue providing, treatment and
care that could or might prolong a patient's life, and cases where a physician
decides to administer a lethal drug, even with the intention of relieving the
patient from pain and suffering. The latter was held not to be covered under any
right flowing from Article 21.
The law of the land, as it exists today, is that no one, including a physician,
is permitted to cause the death of another person by administering any lethal
drug, even if the objective is to relieve the patient from pain and suffering.
An adult human being of sound mind is fully entitled to refuse medical treatment
or to decide not to take medical treatment and may choose to embrace death in a
natural way.
The right of a patient who is competent to express their views cannot fall
outside the scope of Article 21 of the Constitution of India. We are also of the
opinion that, in cases involving incompetent patients who are unable to make an
informed decision, the "best interest" principle should be applied. Such
decisions should be made by specified competent medical experts and implemented
after providing a cooling-off period to allow any aggrieved person to approach a
court of law.
The right to execute an advance directive by an individual does not depend on
any recognition or legislation by the state. We are of the considered opinion
that such a right can be exercised by an individual in recognition and
affirmation of their right to bodily integrity and self-determination.
Written By: S Kundu & Associates
Email:
[email protected], Ph No: +9051244073
Please Drop Your Comments