Euthanasia, also known as “mercy killing” or “physician-assisted death,” is not legally recognized or regulated in India. The act of intentionally causing someone’s death to relieve their suffering is considered a criminal offense under the Indian Penal Code. However, the Indian legal system has addressed the issue of euthanasia through judicial interpretation.
In 2011, the Supreme Court of India issued a landmark judgment in the case of Aruna Shanbaug, a nurse who had been in a vegetative state for over four decades. The court held that passive euthanasia (withdrawing life-sustaining treatment or withholding medical intervention) could be allowed under certain circumstances, provided it was carried out with the approval of the High Court concerned. This ruling was based on the right to die with dignity, which was recognized as a fundamental right under Article 21 of the Indian Constitution.
To regulate the procedure of allowing passive euthanasia, the Supreme Court laid down certain guidelines in its judgment. These guidelines include the requirement of obtaining the opinion of a medical board, consisting of at least three doctors, regarding the patient’s condition and the permissibility of withdrawing life support. The High Court is then required to review the medical board’s opinion and provide its approval before the withdrawal of life support.
It’s important to note that active euthanasia, where a doctor directly administers lethal substances to end a patient’s life, is not legal in India, even with consent. The law does not make any distinction between voluntary euthanasia (patient’s consent) and non-voluntary euthanasia (patient unable to give consent). Both forms are considered illegal.
It is worth mentioning that the legal landscape is subject to change, and since my knowledge cutoff in September 2021, there may have been updates or new developments in Indian law regarding euthanasia. Therefore, I recommend consulting the latest resources, such as official government websites or legal professionals, for the most up-to-date and accurate information on euthanasia laws in India.