SC allows passive euthanasia in path-breaking judgment

Discussion in 'Politics & Society' started by Yusuf, Mar 7, 2011.

  1. Yusuf

    Yusuf GUARDIAN Administrator

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    NEW DELHI: In a path-breaking judgement, the Supreme Court today allowed "passive euthanasia" of withdrawing life support to patients in permanently vegetative state (PVS) but rejected outright active euthanasia of ending life through administration of lethal substances.

    Refusing mercy killing of Aruna Shanbaug, lying in a vegetative state for 37 years in a Mumbai hospital, a two-judge bench of justices Markandeya Katju and Gyan Sudha Mishra, laid a set of tough guidelines under which passive euthanasia can be legalised through high court monitored mechanism.

    The apex court while framing the guidelines for passive euthanasia asserted that it would now become the law of the land until Parliament enacts a suitable legislation to deal with the issue.

    The bench also asked Parliament to delete Section 309 IPC (attempt to suicide) as it has become "anachronistic though it has become Constitutionally valid."

    "A person attempts suicide in a depression, and hence he needs help, rather than punishment," Justice Katju writing the judgement said.

    The apex court said though there is no statutory provision for withdrawing life support system from a person in permanently vegetative state, it was of the view that "passive euthanasia" could be permissible in certain cases for which it laid down guidelines and cast the responsibility on high courts to take decisions on pleas for mercy killings.

    "We agree with senior counsel T R Andhyarujina (who assisted the court in the matter) that passive euthanasia should be permitted in our country in certain situations, and we disagree with Attorney General (G E Vahanvati) that it should never be permitted," said the bench.
    http://timesofindia.indiatimes.com/...ath-breaking-judgment/articleshow/7644557.cms
     
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  3. SHASH2K2

    SHASH2K2 New Member

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    This poor girl has every right to end her miserable life . court denied her rights to end her life but apart from giving 7 yrs imprisonment to the culprit what else GOI or court has done ? If you denied her right to end the life then you must eliminate the reasons why she want to end her life . But court just follow the rulebook and has nothing to do with solution of the problem.
     
  4. Tshering22

    Tshering22 Sikkimese Saber Senior Member

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    The Indian judicial system is a joke in a large sense. It punishes the victims and enthralls the guilty.
     
  5. Daredevil

    Daredevil On Vacation! Administrator

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    Can you elaborate?. How, in this case, did it punish the victim?.
     
  6. SHASH2K2

    SHASH2K2 New Member

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    Not helping a victim to get rid of her pain and suffering is equivalent of punishing her for something which she never did . we cannot stay of bed for 24 hrs and she suffered for 27 years .
     
  7. SHASH2K2

    SHASH2K2 New Member

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    self delete >>>>>>>>>>>>
     
    Last edited: Mar 7, 2011
  8. GPM

    GPM Tihar Jail Banned

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    The petition was not moved by Aruna. She is in no condition to do it. The petition was by an activist, general busybodies poking their noses everywhere. How could that petitioner move such an application? Hospital has no problem keeping Aruna.

    Euthanasia is a tricky thing and can be a minefield. It is open to misuse. On the other hand the duty and dharma of any doctor is to save life in the hope that the patient will recover. Killing is not his job. SC guidelines lay down that a medical board should consider the case and make recommendations. I don't think any medical board is going to give a nod. No court shall permit euthanasia in the teeth of refusal by the medical board.
     
  9. The Messiah

    The Messiah Bow Before Me! Elite Member

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    frequently laws are taken literally! one has to use his head and think that that particular law may not have been made with this situation in mind!

    logic and common sense should prevail....laws are not always right and they change quite frequently as recorded by history.
     

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