Allow competent patients to opt for passive euthanasia, recommends Bill proposed by Health Ministry
The draft legislation clarifies that doctors who grant their patients’ wish to stop treatment or to be taken off life support will not face any liability.
The Centre has proposed a Bill that will permit the administration of passive euthanasia. The Medical Treatment of Terminally Ill Patients (Protection of Patients and Medical Practitioners) seeks to allow “competent” patients – those who can make informed decisions on their own – to tell their doctors to stop medical treatment or take them off life support system. The Bill also clarifies that the patient and attending doctor will both be safe from any criminal or civil liability, Business Standard reported.
The Ministry of Health proposed the Bill on Monday after taking into consideration the guidelines laid down in 2011 by the Supreme Court, which had legalised passive euthanasia without the need for any legislation. It makes a clear differentiation between passive and active euthanasia, which involves administering poison to such a patient. Active euthanasia remains banned in India. The Medical Council of India will provide doctors with guidelines on how to administer passive euthanasia, according to the Bill.
Cases in which patients are incapable of making informed decisions must be taken to the High Court of the area by their kin, friend or doctor, the draft Bill recommended. It added that the court must pass a judgment within a month after seeking the opinion of three doctors and bearing in mind the wishes of the patient’s close relations. The ministry has opened the Bill to public comments, the deadline for which is June 19.