<p><meta name="uuid" content="uuidxLJAtSuf9pFQ" /><meta charset="utf-8" />Facing backlash from several quarters, the Canadian government has decided to delay expanding euthanasia or medically assisted death facility to people with mental illness.&nbsp;</p>

<p>Canada's Justice Minister David Lametti last week acknowledged that the government was listening and that more time was required to get the proposal right.&nbsp;</p>

<p>“We are listening to what we are hearing and being responsive, to make sure we move forward in a prudent way. We know we need to get this right in order to protect those who are vulnerable and also to support an individual’s autonomy and freedom of choice."</p>

<p>Earlier, the government had kept plans to broaden euthanasia under the Medical Assistance in Dying (MAiD) legislation, starting mid-March next year.&nbsp;&nbsp;</p>

<p><strong>Read more:&nbsp;<a href="https://www.wionews.com/photos/countries-where-euthanasia-assisted-suicide-is-legal-281943">Countries where euthanasia, assisted suicide is legal</a></strong></p>

<p>The critics of the law argue that the Canadian healthcare system is not prepared enough to handle complicated mental illness cases. Expediting the facility to all could have had far-reaching and in some cases, devastating consequences.&nbsp;</p>

<p>A petition filed by the Society of Canadian Psychiatry, a&nbsp;national voluntary professional association&nbsp;with&nbsp;4,700 psychiatrists on the roster has urged the government to delay the expansion of MAiD until 2024.&nbsp;</p>

<p><a href="https://www.wionews.com/videos/gravitas-can-a-person-end-their-own-life-to-escape-pain-371790?theme=mobile"><strong>WATCH |&nbsp;Gravitas: Can a person end their own life to escape pain?</strong></a></p>

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<p>Meanwhile, the supporters have called the 'delay', a discriminatory step for mentally challenged individuals and that it promotes stigmatisation.&nbsp;</p>

<p>The law, which first came into being in 2016 only allowed patients with terminal illness to have the access to the procedure.&nbsp;</p>

<p>However, after criticism and court cases, in 2019, a Quebec judge ordered that the law, deemed unconstitutional at the time also allow adults who didn't have a reasonably foreseeable death to have the opportunity to avail the procedure.&nbsp;</p>

<p><a href="https://www.wionews.com/world/experts-raise-alarm-as-canada-expands-euthanasia-to-cover-those-with-mental-illnesses-542028" target="_blank"><strong>Read more: Experts raise alarm as Canada expands euthanasia to cover those with mental illnesses</strong></a></p>

<p>As a result, 'Bill C-7' was passed in March last year which reflected the judge's concerns. However, the legislators imposed a two-year ban on patients with mental illness receiving assisted death. A study was ordered to understand the complex situation which will end in March next year.&nbsp;</p>

<p><em>(With inputs from agencies)</em></p>

<p><strong>WATCH WION LIVE HERE:&nbsp;</strong></p>

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Facing backlash from several quarters, the Canadian government has decided to delay expanding euthanasia or medically assisted death facility to people with mental illness.

Facing backlash from several quarters, the Canadian government has decided to delay expanding euthanasia or medically assisted death facility to people with mental illness. Canada's Justice Minister David Lametti last week acknowledged that the government was listening and that more time was required to get the proposal right. “We are listening to what we are hearing and being responsive, to make sure we move forward in a prudent way. We know we need to get this right in order to protect those who are vulnerable and also to support an individual’s autonomy and freedom of choice." Earlier, the government had kept plans to broaden euthanasia under the Medical Assistance in Dying (MAiD) legislation, starting mid-March next year. Read more: Countries where euthanasia, assisted suicide is legal The critics of the law argue that the Canadian healthcare system is not prepared enough to handle complicated mental illness cases. Expediting the facility to all could have had far-reaching and in some cases, devastating consequences. A petition filed by the Society of Canadian Psychiatry, a national voluntary professional association with 4,700 psychiatrists on the roster has urged the government to delay the expansion of MAiD until 2024. WATCH | Gravitas: Can a person end their own life to escape pain? × Meanwhile, the supporters have called the 'delay', a discriminatory step for mentally challenged individuals and that it promotes stigmatisation. The law, which first came into being in 2016 only allowed patients with terminal illness to have the access to the procedure. However, after criticism and court cases, in 2019, a Quebec judge ordered that the law, deemed unconstitutional at the time also allow adults who didn't have a reasonably foreseeable death to have the opportunity to avail the procedure. Read more: Experts raise alarm as Canada expands euthanasia to cover those with mental illnesses As a result, 'Bill C-7' was passed in March last year which reflected the judge's concerns. However, the legislators imposed a two-year ban on patients with mental illness receiving assisted death. A study was ordered to understand the complex situation which will end in March next year. (With inputs from agencies) WATCH WION LIVE HERE:

Canada delays euthanasia for mentally ill after facing criticism

<p>Italy's Constitutional Court rejected a request for a referendum on the right to die on Tuesday, even after the initiative's proponents collected more than a million signatures.</p>

<p>Right-to-die advocates in Italy have been trying to force a referendum on the contentious issue in the largely Catholic country where opposition is strong.</p>

<p>They seek to at least partially repeal sanctions against people who assist in the suicide of patients suffering from incurable illnesses or intolerable pain and who have already received palliative care.</p>

<p><strong>Also read |&nbsp;<a href="https://www.wionews.com/photos/countries-where-euthanasia-assisted-suicide-is-legal-281943">Countries where euthanasia, assisted suicide is legal</a></strong></p>

<p>The Constitutional Court, however, said that repealing punishments would not safeguard the minimum constitutional standards governing the protection of human life, "particularly for the weak and vulnerable."</p>

<p>"The Constitutional Court's decision must push parliament to approve the law on assisted suicide," Enrico Letta, leader of the centre-left Democratic Party (PD), wrote on Twitter.</p>

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<p dir="ltr" lang="it">La bocciatura da parte della Corte Costituzionale del referendum sull’ <a href="https://twitter.com/hashtag/eutanasialegale?src=hash&amp;ref_src=twsrc%5Etfw">#eutanasialegale</a> deve ora spingere il Parlamento ad approvare la legge sul <a href="https://twitter.com/hashtag/suicidioassistito?src=hash&amp;ref_src=twsrc%5Etfw">#suicidioassistito</a>, secondo le indicazioni della Corte stessa.</p>
— Enrico Letta (@EnricoLetta) <a href="https://twitter.com/EnricoLetta/status/1493662687263399940?ref_src=twsrc%5Etfw">February 15, 2022</a></blockquote>
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<p>In 2019, the court partially decriminalised assisted suicide under certain conditions with the approval of local health authorities and an ethics committee. Nonetheless, it recommended that parliament should pass a law regulating the practice.</p>

<p>Among the leading advocates of a referendum is Marco Cappato, who said the court's decision was "bad news for those who suffer and will have to (face) even longer unbearable suffering against their will".</p>

<p><strong>Also read |&nbsp;<a href="https://www.wionews.com/world/end-of-life-choice-act-28-assisted-deaths-in-first-three-months-of-new-law-451116">'End of life choice act': 28 assisted deaths in first three months of new law</a></strong></p>

<p>Last year, proponents of the right to die collected more than twice the 500,000 signatures needed to see a referendum approved.</p>

<p>The country's parliament is debating a legislation that would allow terminally ill patients to commit suicide through the public health system and protect doctors from legal action.</p>

<p><strong>Watch |&nbsp;Gravitas: Can a person end their own life to escape pain?</strong></p>

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<p>Political parties remain deeply divided on the issue, with the centre-left generally supporting it and the centre-right generally opposing it. The pope has recently condemned assisted suicide, stating that it has no place in medical ethics.</p>

<p>According to a poll by the SWG research group in 2019, 92 per cent of Italians were in favour of allowing assisted suicides and euthanasia. Around 45 per cent said they were in favour of it generally, while 47 per cent said they were in favour in some circumstances.</p>

<p><em>(With inputs from agencies)</em></p>


Italy's Constitutional Court rejected a request for a referendum on the right to die on Tuesday, even after the initiative's proponents collected more than a million signatures.

Italy's Constitutional Court rejected a request for a referendum on the right to die on Tuesday, even after the initiative's proponents collected more than a million signatures. Right-to-die advocates in Italy have been trying to force a referendum on the contentious issue in the largely Catholic country where opposition is strong. They seek to at least partially repeal sanctions against people who assist in the suicide of patients suffering from incurable illnesses or intolerable pain and who have already received palliative care. Also read | Countries where euthanasia, assisted suicide is legal The Constitutional Court, however, said that repealing punishments would not safeguard the minimum constitutional standards governing the protection of human life, "particularly for the weak and vulnerable." "The Constitutional Court's decision must push parliament to approve the law on assisted suicide," Enrico Letta, leader of the centre-left Democratic Party (PD), wrote on Twitter. La bocciatura da parte della Corte Costituzionale del referendum sull’ #eutanasialegale deve ora spingere il Parlamento ad approvare la legge sul #suicidioassistito, secondo le indicazioni della Corte stessa. — Enrico Letta (@EnricoLetta) February 15, 2022 × In 2019, the court partially decriminalised assisted suicide under certain conditions with the approval of local health authorities and an ethics committee. Nonetheless, it recommended that parliament should pass a law regulating the practice. Among the leading advocates of a referendum is Marco Cappato, who said the court's decision was "bad news for those who suffer and will have to (face) even longer unbearable suffering against their will". Also read | 'End of life choice act': 28 assisted deaths in first three months of new law Last year, proponents of the right to die collected more than twice the 500,000 signatures needed to see a referendum approved. The country's parliament is debating a legislation that would allow terminally ill patients to commit suicide through the public health system and protect doctors from legal action. Watch | Gravitas: Can a person end their own life to escape pain? Political parties remain deeply divided on the issue, with the centre-left generally supporting it and the centre-right generally opposing it. The pope has recently condemned assisted suicide, stating that it has no place in medical ethics. According to a poll by the SWG research group in 2019, 92 per cent of Italians were in favour of allowing assisted suicides and euthanasia. Around 45 per cent said they were in favour of it generally, while 47 per cent said they were in favour in some circumstances. (With inputs from agencies)

'Right-to-die': Italy court refuses to allow euthanasia referendum

<p>Spain's parliament voted through a law legalising euthanasia Thursday, becoming one of the few nations to allow terminally-ill or gravely-injured patients to end their own suffering.</p>

<p>A priority for Socialist Prime Minister Pedro Sanchez's government, the law was drafted following public pressure generated by several high-profile cases, notably that of Ramon Sampedro whose plight was immortalised in the Oscar-winning 2004 film "The Sea Inside".</p>

<p>The vote, which passed by 202 in favour and 141 against and two abstentions in the 350-seat chamber, makes Spain the fourth European nation to decriminalise assisted suicide, alongside the Netherlands, Belgium and Luxembourg.</p>

<p>Although Portugal's parliament passed a similar law in January, it was blocked this week by the Constitutional Court.</p>

<p>"Today we have become a country that is more humane, fairer and freer. The euthanasia law, widely demanded by society, has finally become a reality," Sanchez tweeted just minutes after the vote.</p>

<p>"Thanks to all the people who have fought tirelessly for the right to die with dignity to be recognised in Spain."</p>

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<p dir="ltr" lang="es">Hoy somos un país más humano, más justo y más libre. La ley de eutanasia, ampliamente demandada por la sociedad, se convierte por fin en una realidad. Gracias a todas las personas que han peleado incansablemente para que el derecho a morir dignamente fuera reconocido en España. <a href="https://t.co/Ge4CZWuvIe">pic.twitter.com/Ge4CZWuvIe</a></p>
— Pedro Sánchez (@sanchezcastejon) <a href="https://twitter.com/sanchezcastejon/status/1372516402746306561?ref_src=twsrc%5Etfw">March 18, 2021</a></blockquote>
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<div class="share-blockquote"><a class="twitter popup" href="http://twitter.com/intent/tweet?text=&lt;blockquote class=twitter-tweet&gt;&lt;p lang=es dir=ltr&gt;Hoy somos un país más humano, más justo y más libre. La ley de eutanasia, ampliamente demandada por la sociedad, se convierte por fin en una realidad. Gracias a todas las personas que han peleado incansablemente para que el derecho a morir dignamente fuera reconocido en España. &lt;a  data-cke-saved-href=https://t.co/Ge4CZWuvIe href=https://t.co/Ge4CZWuvIe&gt;pic.twitter.com/Ge4CZWuvIe&lt;/a&gt;&lt;/p&gt;— Pedro Sánchez (@sanchezcastejon) &lt;a  data-cke-saved-href=https://twitter.com/sanchezcastejon/status/1372516402746306561?ref_src=twsrc%5Etfw href=https://twitter.com/sanchezcastejon/status/1372516402746306561?ref_src=twsrc%5Etfw&gt;March 18, 2021&lt;/a&gt;&lt;/blockquote&gt; <script async src=https://platform.twitter.com/widgets.js charset=utf-8></script>" target="_blank"><i class="fa fa-share">&nbsp;</i></a></div>
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<p>The Spanish legislation will permit euthanasia in which medical staff intentionally end a life to relieve suffering, and assisted suicide in which it is the patient who carries out the procedure.</p>

<p>Various other countries permit assisted suicide as well as "passive euthanasia" in which life-saving medical treatment is halted.</p>

<p>Speaking to AFP, Ramona Maneiro, a friend of Sampedro's who was arrested for helping him die but not prosecuted for lack of evidence, hailed the move as a victory "for those who can benefit from it" and "for Ramon".</p>

<h2><strong>Strict conditions&nbsp;</strong></h2>

<p>Backed by leftwing and centrist parties, the legislation allows anyone with a "serious or incurable illness" or a "chronic or incapacitating" condition to request help dying, thereby avoiding "intolerable suffering".</p>

<p>But the patient must be a Spanish national or a legal resident and must be "fully aware and conscious" when they make the request, which must be submitted twice in writing, 15 days apart.</p>

<p>However, a doctor can reject the request if the requirements have not been met; it must be approved by a second medic and by an evaluation body.&nbsp;</p>

<p>Any medic can withdraw on grounds of "conscience" from taking part in the procedure that would be available through Spain's national health service.</p>

<p>The move has been hailed by patients and right-to-die campaigners.</p>

<p>"It doesn't make any sense that people... would choose to live an undignified life," said Sofia Malagon, 60, who has Parkinson's and worries what will happen if she gets dementia.</p>

<p>"I don't want to be left like a vegetable."&nbsp;</p>

<h2><strong>'Form of murder'&nbsp;</strong></h2>

<p>But the move has been roundly rejected by the Catholic Church and Spain's right and far-right opposition, and some medics have raised questions about its implementation.&nbsp;</p>

<p>Euthanasia "is always a form of murder since it involves one man causing the death of another," said the Episcopal Conference that groups Spain's leading bishops.&nbsp;</p>

<p>"Life cannot be left in the hands of the authorities," said Lourdes Mendez Monasterio, an MP for the far-right Vox party which has vowed to appeal to the Constitutional Court.</p>

<p>"We will not rest until ensuring that at the end of life, a person can die with dignity without pain and without being killed," she told the chamber.</p>

<p>Since the mid-1980s when euthanasia first entered the public debate, the most famous case has been that of Ramon Sampedro, who became a tetraplegic after breaking his neck and fought an unsuccessful 30-year court battle to end his own life with dignity.</p>

<p>He died in 1998 with the help of his friend with his story told in "The Sea Inside" starring Hollywood actor Javier Bardem that won the 2005 best-foreign language Oscar.</p>

<p>A different but equally high-profile case was that of Luis Montes, an anaesthetist accused of causing the deaths of 73 terminal patients at a Madrid hospital. A court dropped the case against him in 2007.</p>

<p>More recently, pensioner Angel Hernandez was arrested in 2019 and is awaiting trial for helping his wife end her life after decades suffering from multiple sclerosis.&nbsp;<br />
&nbsp;</p>


Spain's parliament voted through a law legalising euthanasia Thursday, becoming one of the few nations to allow terminally-ill or gravely-injured patients to end their own suffering.

Spain's parliament voted through a law legalising euthanasia Thursday, becoming one of the few nations to allow terminally-ill or gravely-injured patients to end their own suffering. A priority for Socialist Prime Minister Pedro Sanchez's government, the law was drafted following public pressure generated by several high-profile cases, notably that of Ramon Sampedro whose plight was immortalised in the Oscar-winning 2004 film "The Sea Inside". The vote, which passed by 202 in favour and 141 against and two abstentions in the 350-seat chamber, makes Spain the fourth European nation to decriminalise assisted suicide, alongside the Netherlands, Belgium and Luxembourg. Although Portugal's parliament passed a similar law in January, it was blocked this week by the Constitutional Court. "Today we have become a country that is more humane, fairer and freer. The euthanasia law, widely demanded by society, has finally become a reality," Sanchez tweeted just minutes after the vote. "Thanks to all the people who have fought tirelessly for the right to die with dignity to be recognised in Spain." Hoy somos un país más humano, más justo y más libre. La ley de eutanasia, ampliamente demandada por la sociedad, se convierte por fin en una realidad. Gracias a todas las personas que han peleado incansablemente para que el derecho a morir dignamente fuera reconocido en España. pic.twitter.com/Ge4CZWuvIe — Pedro Sánchez (@sanchezcastejon) March 18, 2021 × The Spanish legislation will permit euthanasia in which medical staff intentionally end a life to relieve suffering, and assisted suicide in which it is the patient who carries out the procedure. Various other countries permit assisted suicide as well as "passive euthanasia" in which life-saving medical treatment is halted. Speaking to AFP, Ramona Maneiro, a friend of Sampedro's who was arrested for helping him die but not prosecuted for lack of evidence, hailed the move as a victory "for those who can benefit from it" and "for Ramon". Strict conditions Backed by leftwing and centrist parties, the legislation allows anyone with a "serious or incurable illness" or a "chronic or incapacitating" condition to request help dying, thereby avoiding "intolerable suffering". But the patient must be a Spanish national or a legal resident and must be "fully aware and conscious" when they make the request, which must be submitted twice in writing, 15 days apart. However, a doctor can reject the request if the requirements have not been met; it must be approved by a second medic and by an evaluation body. Any medic can withdraw on grounds of "conscience" from taking part in the procedure that would be available through Spain's national health service. The move has been hailed by patients and right-to-die campaigners. "It doesn't make any sense that people... would choose to live an undignified life," said Sofia Malagon, 60, who has Parkinson's and worries what will happen if she gets dementia. "I don't want to be left like a vegetable." 'Form of murder' But the move has been roundly rejected by the Catholic Church and Spain's right and far-right opposition, and some medics have raised questions about its implementation. Euthanasia "is always a form of murder since it involves one man causing the death of another," said the Episcopal Conference that groups Spain's leading bishops. "Life cannot be left in the hands of the authorities," said Lourdes Mendez Monasterio, an MP for the far-right Vox party which has vowed to appeal to the Constitutional Court. "We will not rest until ensuring that at the end of life, a person can die with dignity without pain and without being killed," she told the chamber. Since the mid-1980s when euthanasia first entered the public debate, the most famous case has been that of Ramon Sampedro, who became a tetraplegic after breaking his neck and fought an unsuccessful 30-year court battle to end his own life with dignity. He died in 1998 with the help of his friend with his story told in "The Sea Inside" starring Hollywood actor Javier Bardem that won the 2005 best-foreign language Oscar. A different but equally high-profile case was that of Luis Montes, an anaesthetist accused of causing the deaths of 73 terminal patients at a Madrid hospital. A court dropped the case against him in 2007. More recently, pensioner Angel Hernandez was arrested in 2019 and is awaiting trial for helping his wife end her life after decades suffering from multiple sclerosis.

Spain legalises euthanasia, assisted suicide

<p>Portugal's lawmakers on Thursday approved a set of bills aimed at decriminalisation of <a href="https://www.wionews.com/world/euthanasia-becomes-legal-in-the-australian-state-of-victoria-228565">euthanasia</a> amid protests from religious groups.</p>

<p><a href="https://www.wionews.com/world/new-zealand-parliament-backs-euthanasia-referendum-257711">Also Read: New Zealand parliament backs euthanasia referendum</a></p>

<p>The vote was approved with 127 votes in favour, 86 votes against and 10 abstentions in the 230 member Parliament as several hundred &nbsp;Portuguese protested outside the House.</p>

<p>The vote comes two years after parliament rejected a bill to legalise voluntary <a href="https://www.wionews.com/india-news/mahadayi-river-dispute-karnataka-farmers-to-boycott-state-polls-will-protest-in-delhi-131799">euthanasia </a>for terminally ill patients.</p>

<p>Euthanasia involves a process in which a physician takes part in ending a patient's life. In &nbsp;assisted suicide, the doctor provides a lethal substance for the patient to self-administer.</p>

<p>Both practices are allowed in Switzerland, the Netherlands, Luxembourg and Belgium.</p>

<p>However, the bill was passed after a big debate.</p>

<p>"Prosecuting someone who helps a patient with an incurable disease is a form of intolerance," socialist MP Isabel Moreira said in Parliament.</p>

<p>Portugal's Social Democratic Party, Communist Party, CDS-PP voted against all of the proposals.</p>

<p>The five proposals will now be put into a single draft bill for a final vote, expected to take place before the summer.<br />
&nbsp;</p>


Portugal's lawmakers on Thursday approved a set of bills aimed at decriminalisation of euthanasia amid protests from religious groups. Also Read: New Zealand parliament backs euthanasia referendum The vote was approved with 127 votes in favour, 86 votes against and 10 abstentions in the 230 member Parliament as several hundred Portuguese protested outside the House.

Portugal's lawmakers on Thursday approved a set of bills aimed at decriminalisation of euthanasia amid protests from religious groups. Also Read: New Zealand parliament backs euthanasia referendum The vote was approved with 127 votes in favour, 86 votes against and 10 abstentions in the 230 member Parliament as several hundred Portuguese protested outside the House. The vote comes two years after parliament rejected a bill to legalise voluntary euthanasia for terminally ill patients. Euthanasia involves a process in which a physician takes part in ending a patient's life. In assisted suicide, the doctor provides a lethal substance for the patient to self-administer. Both practices are allowed in Switzerland, the Netherlands, Luxembourg and Belgium. However, the bill was passed after a big debate. "Prosecuting someone who helps a patient with an incurable disease is a form of intolerance," socialist MP Isabel Moreira said in Parliament. Portugal's Social Democratic Party, Communist Party, CDS-PP voted against all of the proposals. The five proposals will now be put into a single draft bill for a final vote, expected to take place before the summer.

Portuguese lawmakers take first step to decriminalise euthanasia amid protests

<p>In a series of recent landmark judgments, the Hon&#39;ble Supreme Court, on March, 9, 2018, added another feather to its cap when it put to rest the long-debated issue of euthanasia i.e. mercy killing. Indian society had, for long, considered the concept of mercy killing as a taboo and had prevented itself from opening up to the idea and, as such, the political dispensations had also been reluctant in promulgating the relevant legislations on the subject.</p>

<p>However, the change came about with the case of Aruna Shanbaug which was decided by the Supreme Court in 2011, wherein, the apex court permitted passive euthanasia and issued strict guidelines for the same which included a clearance from the jurisdictional high court. The latest verdict of March 9 is in pursuance to the previous one and has also introduced the concept of &#39;living will&#39; which is a document executed by an individual of a sound mental disposition, thereby, placing on record as to whether he/she would like to be placed on artificial medical support should the individual suffer from an incurable terminal ailment.</p>

<p>As a reference, worldwide, there are multiple recognised forms of euthanasia like passive/active euthanasia, assisted suicide etc but India has only permitted passive euthanasia. The basic difference is that, in active euthanasia, death of the patient is brought about by an action like administering an overdose of medicines whereas passive euthanasia involves an omission to provide any further medical support and letting the individual die in natural course.</p>

<p>Historically, various religions have also practised this form of euthanasia. For example, Jainism has the concept of Sallekhana which is primarily practiced by seers. In this, when they feel like putting an end to their worldly journey, they refuse the food, water or medications and, gradually, slip into eternal sleep. But this was not a legally recognised concept and had also led to controversies in recent years. But now, with the legal sanction, the concept of euthanasia has been accepted and can be professed by anyone who chooses the path.</p>

<p>While passing the judgement, Supreme Court was also conscious of the probable misuse of this provision and, as such, has introduced multiple layers of precautions in the form of guidelines so as to ensure that the provision is exercised in its letter and spirit. As stated above, there is no legislation in place on the subject and, hence, till that time, the guidelines issued by the apex court would act as guiding light. As a basic measure, the &#39;living will&#39; can be executed only by an individual of sound mind out of free will and volition. The living will has to be unambiguous in its intent and should clearly state the terms and conditions and circumstances of withdrawal. Further, the living will should specify the name of guardian or a close relative who, in the event of executor becoming completely indisposed, would be authorised to accord consent on behalf of the patient to withdraw the treatment.</p>

<p>In order to allay the fears of misuse, the Supreme Court has also provided for the clearance by the State before the living will is carried out. The living will is to be signed by the executor before two attesting witnesses and the same is to be countersigned by the jurisdictional Judicial Magistrate, First Class. Both the Judicial Magistrate and the witnesses would record their satisfaction as to the free will of the executor while preserving one copy in his office and sending another to the record of the jurisdictional district court and to the competent officer of the local government.</p>

<p>The safeguards have also been provided at the medical platform like verifying the authenticity of the living will and forming of medical boards - one by hospital and another by the district collector - and, only after their clearance, can the process be proceeded with.</p>

<p>Undoubtedly, this is a welcome introduction by the Supreme Court and it is hoped that the provision is carried out in letter and spirit and ends the sufferings of those with no hopes. However, with the first step taken, a debate upon extending the sweep of the provision to cover active euthanasia as well is not far away in sight but that can only be after the provisions of passive euthanasia are successfully imbibed by the society.</p>

<p><em>(Disclaimer: The opinions expressed above are the personal views of the author and do not reflect the views of ZMCL)</em></p>


Historically, various religions have also practised this form of euthanasia.

In a series of recent landmark judgments, the Hon'ble Supreme Court, on March, 9, 2018, added another feather to its cap when it put to rest the long-debated issue of euthanasia i.e. mercy killing. Indian society had, for long, considered the concept of mercy killing as a taboo and had prevented itself from opening up to the idea and, as such, the political dispensations had also been reluctant in promulgating the relevant legislations on the subject. However, the change came about with the case of Aruna Shanbaug which was decided by the Supreme Court in 2011, wherein, the apex court permitted passive euthanasia and issued strict guidelines for the same which included a clearance from the jurisdictional high court. The latest verdict of March 9 is in pursuance to the previous one and has also introduced the concept of 'living will' which is a document executed by an individual of a sound mental disposition, thereby, placing on record as to whether he/she would like to be placed on artificial medical support should the individual suffer from an incurable terminal ailment. As a reference, worldwide, there are multiple recognised forms of euthanasia like passive/active euthanasia, assisted suicide etc but India has only permitted passive euthanasia. The basic difference is that, in active euthanasia, death of the patient is brought about by an action like administering an overdose of medicines whereas passive euthanasia involves an omission to provide any further medical support and letting the individual die in natural course. Historically, various religions have also practised this form of euthanasia. For example, Jainism has the concept of Sallekhana which is primarily practiced by seers. In this, when they feel like putting an end to their worldly journey, they refuse the food, water or medications and, gradually, slip into eternal sleep. But this was not a legally recognised concept and had also led to controversies in recent years. But now, with the legal sanction, the concept of euthanasia has been accepted and can be professed by anyone who chooses the path. While passing the judgement, Supreme Court was also conscious of the probable misuse of this provision and, as such, has introduced multiple layers of precautions in the form of guidelines so as to ensure that the provision is exercised in its letter and spirit. As stated above, there is no legislation in place on the subject and, hence, till that time, the guidelines issued by the apex court would act as guiding light. As a basic measure, the 'living will' can be executed only by an individual of sound mind out of free will and volition. The living will has to be unambiguous in its intent and should clearly state the terms and conditions and circumstances of withdrawal. Further, the living will should specify the name of guardian or a close relative who, in the event of executor becoming completely indisposed, would be authorised to accord consent on behalf of the patient to withdraw the treatment. In order to allay the fears of misuse, the Supreme Court has also provided for the clearance by the State before the living will is carried out. The living will is to be signed by the executor before two attesting witnesses and the same is to be countersigned by the jurisdictional Judicial Magistrate, First Class. Both the Judicial Magistrate and the witnesses would record their satisfaction as to the free will of the executor while preserving one copy in his office and sending another to the record of the jurisdictional district court and to the competent officer of the local government. The safeguards have also been provided at the medical platform like verifying the authenticity of the living will and forming of medical boards - one by hospital and another by the district collector - and, only after their clearance, can the process be proceeded with. Undoubtedly, this is a welcome introduction by the Supreme Court and it is hoped that the provision is carried out in letter and spirit and ends the sufferings of those with no hopes. However, with the first step taken, a debate upon extending the sweep of the provision to cover active euthanasia as well is not far away in sight but that can only be after the provisions of passive euthanasia are successfully imbibed by the society. (Disclaimer: The opinions expressed above are the personal views of the author and do not reflect the views of ZMCL)

Opinion: Passive euthanasia brings in a new wind of change