New Delhi, Jan 16: The Supreme Court on Friday said it will await the government’s stand in its endeavour to examine a plea to legalise passive euthanasia by means of withdrawal of life support system to terminally-ill patients.
“Is the government making its stand clear in a reasonable time,” a five-judge Constitution Bench, headed by Justice A R Dave, asked Additional Solicitor General P S Patwalia, who sought some time to get instruction from competent authority.
The law officer apprised the bench about the 241st report of the Law Commission which has stated that passive euthanasia should be allowed with certain safeguards and there was a proposed law — Medical Treatment of Terminally Ill Patient (Protection of Patients and Medical Practioners) Bill, 2006.
He said his contention will also be based on 6.7 regulation of 2002 under Medical Council of India Act which says that practicing euthanasia shall constitute unethical conduct. However on specific occasions, the question of withdrawing supporting devices to sustain cardio-pulmonary function even after brain death, shall be decided only by a doctors’ team and not merely by the treating physician alone.
Taking note of his submission especially that the Law Commission’s 241st report was under government’s consideration, the bench, which also comprised Justices Kurian Joseph, Shiva Kirti Singh, A K Goel and R F Nariman, said it will await the outcome of the report which is under the Centre’s consideration and posted the matter for hearing on February one.
The bench was hearing a PIL filed in 2005 by NGO Common Cause which said when a medical expert opines that the person afflicted with a terminal disease has reached a point of no return, then he should be given the right to refuse being put on life support system as otherwise, it would only prolong his agony.
The apex court had two years ago issued notices to states and Union Territories on the issue, even as the Centre had strongly opposed the petition saying it is a form of suicide which cannot be allowed.
