Euthanasia in India

On a landmark judgement ,Supreme court of India legalised passive euthanasia by withdrawing the support to patients those who are in a permanent vegetative state.

The SC specified two irreversible conditions to permit Passive Euthanasia Law in its 2011 Law: 

•  The brain-dead for whom the ventilator can be switched off 
•  Those in a Persistent Vegetative State (PVS) for whom the feed can be tapered out and pain-managing palliatives be added, according to laid-down international specifications.

The decision was made as part of the verdict in a case involving Aruna Shanbaug, who had been in a Persistent Vegetative State (PVS) until her death in 2015.

Scraping of Article 309 was also an another important judgement .The code deals with  penalising those who survive suicide-attempts. 

On December 23, 2014, Government of India endorsed and re-validated the Passive Euthanasia judgement-law in a Press Release. At present, there is no proposal to enact legislation on this subject and the judgment of the Honble Supreme Court is binding on all.

However ,On 25 February 2014,  The SC observed that the judgment in Aruna Shanbaug case was based on a wrong interpretation of the constitution bench judgment in Gian Kaur v. State of Punjab and the Court observed that the judgment is inconsistent in itself as though it observes that euthanasia can be allowed only by legislature yet it goes on to lay down guidelines on the same. Therefore, court has referred the issue to a constitution bench which shall be heard by a strength of at least five judges.

 Active euthanasia by means of lethal injection is illegal in India and  in most countries.