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Tuesday, March 8, 2011

Historic judgment – Passive Euthanasia is legalized in India

In a historic judgment, Supreme Court of India has given a legal sanction for passive Euthanasia. Passive Euthanasia is withdrawal of life-support system or life-sustaining drugs for patients who are brain-dead or in a permanent vegetative state, and whom doctors have lost hope of reviving even with the most advance medical aid. However, the permission for passive euthanasia can be given by only High Courts. The court rejects Active Euthanasia, where lethal drug is injected in to the patient to induce death.

This is a good move indeed. As such, there is no law in India on the issue, and for the time being, courts have to lay down the procedures.

The Supreme Court also recommended to the government to do away with the Section 309 of Indian Penal Code (IPC) under which attempt to suicide is punishable. The court said that: A person attempts suicide in depression, and hence needs help, rather than punishment. The government should speedily change the law.

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