Why in news?
- The redrafted bill on euthanasia is released as the 'Management of Patients with Terminal Illness - Withdrawal of Medical Life Support Bill'.
- Click here to know more.
How did the legislation evolve?
- 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.
Source: The Hindu, Hindustan Times
