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Redrafted Bill on Passive Euthanasia

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December 18, 2017

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

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