Current Affairs Series for Mains-26 Topic-19 #GS4 ⚖️ Euthanasia… — ABCD of UPSC by Vikas Dhayal — TG.ME

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.


A
rguments 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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