Is Euthanasia Legal in India?

Euthanasia is the act of intentionally ending the life of a person who is suffering from a terminal illness or unbearable physical or mental pain. It is often referred to as “mercy killing” or “assisted suicide.” The concept of euthanasia raises complex ethical, moral, and legal considerations.

Active and Passive Euthanasia

Active euthanasia involves the intentional action of a medical professional to bring about the death of a person. This may be done through the administration of lethal drugs or other means. Active euthanasia is typically performed when a person explicitly requests assistance in dying.

Passive euthanasia, on the other hand,  involves the withholding or withdrawal of medical treatment that is necessary to sustain a person’s life. This can include stopping life-sustaining medications, disconnecting life support systems, or refusing certain medical interventions. In passive euthanasia, the underlying cause of death is the person’s underlying condition, and the aim is to allow natural death to occur.

Different countries and jurisdictions have varying laws and regulations regarding euthanasia. Some places permit euthanasia under specific circumstances, such as when a person is terminally ill and experiencing extreme suffering, while others consider it illegal under all circumstances.

Status of Euthanasia in India: Passive Euthanasia is Allowed with Certain Restrictions

In the case of Common Cause v. Union of India, the Supreme Court of India made a landmark ruling in 2018 regarding passive euthanasia.

The court legalised passive euthanasia in India, specifically in cases where patients are in a permanent vegetative state and life support is being withdrawn (passive euthanasia).

This decision was prompted by the case of Aruna Shanbaug, who had been in a vegetative state for several decades before her death in 2015.

However, the court explicitly rejected the legalization of active euthanasia, which involves the deliberate administration of lethal substances to end a patient’s life. Active euthanasia remains illegal in India.

Since there is no specific law regulating euthanasia in India, the Supreme Court’s decision on passive euthanasia became the law of the land until the Indian parliament enacts appropriate legislation on the matter.

Passive euthanasia is legal under strict guidelines:

For this, patients must give consent through a living will, and should either be in a vegetative state or terminally ill.

Living Will: It is a legal document in which a person specifies what actions should be taken for their health if they are no longer able to make such decisions for themselves due to illness or incapacity.

When the executor (of the living will) becomes terminally ill with no hope of recovery, the doctor will set up a hospital medical board after informing the patient and/or his guardians.