Current Affairs Series for Mains-26
Topic-19
#GS4
⚖️ Euthanasia
Euthanasia: Intentionally ending a life to relieve severe, terminal pain/suffering.
Passive Euthanasia (Legal in India): Withdrawing/withholding Life-Sustaining Treatment (LST) (e.g., ventilators, feeding tubes) allowing natural death.
Active Euthanasia (Illegal in India): Administering lethal substances (e.g., lethal injection) to deliberately end life.
⚖️ Evolution of Indian Judicial Jurisprudence
📌 1994: P. Rathinam Case
➔ Article 21 includes "Right to Die."
⬇️
📌 1996: Gian Kaur Case
➔ Overruled P. Rathinam.
➔ Article 21 protects life; suicide not a Fundamental Right.
⬇️
📌 2011: Aruna Shanbaug Case
➔ Allowed Passive Euthanasia.
➔ High Court approval under Article 226.
➔ Applied Parens Patriae Doctrine.
⬇️
📌 2018: Common Cause Case
➔ Right to Die with Dignity = Fundamental Right (Article 21).
➔ Legalized Living Wills/Advance Medical Directives (AMD).
⬇️
📌 2026: Harish Rana Case
➔ Clinically Assisted Nutrition & Hydration (CANH) = Medical Treatment.
➔ Withdrawal allowed under Palliative Care Plan.
Arguments in Favor
1. Ethical
Bodily Integrity – Negative liberty against forced medical invasion.
Doctrine of Double Effect – Intent = pain relief; death is secondary.
Patient-Centered Care – Replaces medical paternalism.
2. Constitutional
Article 21 → Right to Die with Dignity.
Recognition of Advance Medical Directives (Living Wills).
3.Socio-Economic
Prevents Medical Poverty due to catastrophic expenditure on futile treatment.
Arguments Against
1.Socio-Economic
Economic Coercion – Poverty may compel patients to choose death.
Rural Disparities – Weak implementation and monitoring of safeguards.
2. Clinical Risks
Infallibility of Medicine – Risk of misdiagnosis or future breakthroughs.
Miracle Factor – Possible recovery from Persistent Vegetative State (PVS).
3. Ethical & Professional
Slippery Slope – Right to Die may become a "Duty to Die."
Sanctity of Life vs. Quality of Life.
Moral Injury to Healers – Shift from Vitalism to Relativism, causing burnout.
Safeguards
1. End-of-Life Care Act – Codify law; protect doctors under BNS; replace term Passive Euthanasia with Withdrawing/Withholding LST.
2. ABHA Digital Integration – Link Advance Directives with Ayushman Bharat Health Account for a tamper-proof national registry.
3. Mandatory Palliative Pathways – ICU → High-quality comfort care.
4. District-Level Ethics Committees – Decentralized, multidisciplinary approvals; bridge rural-urban divide.
5. Retrospective Clinical Audits – State Medical Council audits to prevent malpractice and profit-driven ICU bed turnover.
6.Insurance Decoupling – Legal withdrawal of care should not invalidate life/health insurance claims.
7. Community Death Literacy – Normalize end-of-life planning and Advance Directives through public health and geriatric care.
🎯 Conclusion
✨ "True success lies in balancing the Sanctity of Life with the Right to a Dignified Exit."
By codifying safeguards, strengthening district ethics committees, digitizing Advance Directives (ABHA), and institutionalizing palliative care, India can protect patient autonomy, uphold human dignity, and prevent medical malpractice and economic coercion.
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1July 2, 2026 8.7K 115