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SC allows the terminally ill or comatose people the right to die

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7 years ago

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SC allows the terminally ill or comatose people the right to die

The Supreme Court has allowed passive euthanasia in the country.

In a unanimous order on Friday, March 9, a five judge Constitution bench headed by Chief Justice of India (CJI) Dipak Misra recognised “living will” and laid down guidelines for its execution.

The SC bench, also comprising Justices AK Sikri, AM Khanwilkar, DY Chandrachud and Ashok Bhushan, said that the guidelines will be in force till legislation on the same is passed by Parliament.

The judges, who wrote four separate judgments expressing their views, were unanimous on allowing passive euthanasia and advance directives.

A ‘living will’ is made by a person, in a healthy, normal state of mind, specifying – for a situation when he/she is no longer able to express informed consent – whether or not he/she be kept alive purely on an artificial life support system in case of terminal illness or when in an irreversible vegetative state.

An advance directive is a document that enables competent persons to exercise their right to direct medical treatments in the event that they lose their decision making capacity. American Medical Association says there are two categories of advance directives: (1) a living will, which indicates the types of treatment that an individual wishes to receive or forgo under specified circumstances, and (2) a durable power of attorney for health care, which designates a proxy to make treatment decisions.

Passive euthanasia entails withdrawing artificial life support causing the death of a person who is in a permanent vegetative state, with no chance of recovery.

The court said advance directives for terminally-ill patients could be issued and executed by the next friend or relatives of the person after which a medical board would consider it, reported news agency PTI.

The court’s ruling came on a petition seeking recognition of a living will so that an individual could exercise the right to refuse medical treatment at a terminally ill stage of life.

While the Centre was in agreement on the question of allowing passive euthanasia, it opposed the concept of living will. Additional solicitor general PS Narasimha, representing the centre, told the court that consent for removal of artificial support may not be an informed one and could be misused in cases of the elderly.

He added that the government had already accepted the apex court’s ruling in the landmark Aruna Shanbaug case on 11 March 2011, which held that a specific category of relatives could seek permission from the court to opt for passive euthanasia on behalf of the person in cases of a terminally ill patient.

The apex court had ruled that such a request would have to be vetted by a medical board on the basis of which the concerned high court would decide whether to permit withdrawal of life support system or not.

On January 15, 2016, the Centre had said the 241st report of the Law Commission stated that passive euthanasia should be allowed with certain safeguards and there was also a proposed law — Medical Treatment of Terminally Ill Patient (Protection of Patients and Medical Practitioners) Bill, 2006.

The fundamental right to a “meaningful existence” includes a person’s choice to die without suffering, the apex court held on Friday.

The CJI’s judgment said the heart of the matter is whether law permits the acceleration of death without suffering.

Chief Justice Dipak Misra spoke about how societal pressure and fear of criminal liability by relatives and medical doctors ultimately led to the suffering and the undignified death of the patient.

The court said it was time to dispense with such shared suffering and sense of guilt and face reality. Doctors who attend the terminally-ill are under pressure and dither in letting the patient go, apprehending criminal liability and fear of being drawn into the “vortex” of a possible family struggle for inheritance.

Chief Justice Misra, in a common judgment with Justice AM Khanwilkar, said it was time to “alleviate the agony of an individual” and stand by his right to a dignified passing. A dignified death should follow a meaningful existence, the five-judge Bench agreed in a unanimous voice.

The Chief Justice’s judgment includes specific guidelines to test the validity of a living will, by whom it should be certified, when and how it should come into effect, etc. The guidelines also cover a situation where there is no living will and how to approach a plea for passive euthanasia.

Justice AK Sikri, in his separate opinion, said though religion, morality, philosophy, law and society share equally strong and conflicting opinions about whether right to life includes right to death, they all agree that a person should die with dignity.

Hence, the court, Justice Sikri said, is rightly in favour of the right to die with dignity.

Justice Sikri said an advance directive or living will from a patient to stop medical treatment at a particular stage — “particularly when he is brain dead or clinically dead or not revivable” — quells apprehensions of future regret for relatives and criminal action against doctors.

In a separate opinion, Justice Chandrachud observed that modern medical science should balance its quest to prolong life with the need to provide patients quality of life. One is meaningless without the other, Justice Chandrachud observed.

Justice Chandrachud said, “Life and death are inseparable. Every moment our bodies undergo change… life is not disconnected from death. Dying is a part of the process of living.”

Justice Chandrachud said the issue of death and when to die transcends the boundaries of law, but the court has intervened because it also concerns the liberty and autonomy of the individual.

He read from his judgment that the sanctity of life includes the dignity and autonomy of the individual. He said the search for a meaningful existence, the pursuit of happiness includes the exercise of free will.

“Free will includes the right of a person to refuse medical treatment,” Justice Chandrachud observed.

A person need not give any reasons nor is he answerable to any authority on why he should write an advanced directive.

But the judge held that active euthanasia is unlawful.

For this reason, he said the reasons given by a two-judge Bench of the Supreme Court in the Aruna Shanbaug case allowing passive euthanasia are “flawed” as the convoluted procedure to get a go-ahead for passive euthanasia makes the dignity of a dying person dependent on the whims and will of third parties.

“To deprive a person dignity at the end of life is to deprive him of a meaningful existence,” Justice Chandrachud read from his opinion he shared with Justice Ashok Bhushan.

Other countries where euthanasia is permitted

While euthanasia is still illegal in most parts of the United States, the doctors are allowed to prescribe lethal doses of medicine to terminally ill patients in five state — Washington DC, California, Colorado, Oregon and Vermont. Oregon was the first US state to legalise “assisted suicide”.  Australia has a system of ‘advance directive’ to allow citizens to decide how they would like to be treated in future, if they are incompetent to make a decision at that point. Euthanasia, in varying forms, is permitted in Belgium, Canada, and Sweden.

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Karnataka’s Republic Day tableau depicts artistic temples of Lakkundi

Beyond its religious significance, Lakkundi’s historical importance cannot be overstated. Once a flourishing commercial hub between the 10th and 12th centuries AD, the city flourished under the rule of various dynasties, with the Chalukyas leaving an indelible mark on its cultural landscape.

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January 26, 2025

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Karnataka’s 76th Republic Day tableau paid a vibrant tribute to Lakkundi, a historical city nestled in Gadag district, approximately 70 km from Hubballi. Acclaimed as the “Cradle of Stone Craft,” Lakkundi’s architectural splendour took centre stage in the parade along Kartavya Path.

The tableau’s design masterfully captured the essence of Lakkundi’s rich heritage. The forefront showcased the majestic Brahma statue from the Brahma Jinalaya temple, the oldest Jain shrine in the city, dedicated to Lord Mahaveera. Its intricate details and imposing presence immediately drew the viewer’s attention, setting the tone for the tableau’s narrative.

Following the Brahma statue was a depiction of the open-pillared mantapa of the Brahma Jinalaya temple, a testament to the sophisticated architectural techniques employed during the era. The open structure, with its elegant pillars and intricate carvings, added another layer of visual appeal to the tableau’s composition.

The tableau’s main section provided a breathtaking glimpse into the grandeur of Lakkundi’s most prominent temples. The Kashi Vishweshwara temple, dedicated to Lord Shiva, stood as a symbol of architectural mastery. Its ornate carvings and imposing structure were vividly represented, highlighting the city’s rich religious and cultural tapestry. Completing the ensemble was the Nanneshwara temple, another significant Shiva temple in Lakkundi, further emphasizing the city’s devotion to Lord Shiva.

The temples of Lakkundi are not merely structures of stone; they are living testaments to the syncretic nature of Karnataka’s culture. They reflect a harmonious blend of different faiths and traditions, showcasing the state’s long-held reputation for religious tolerance and peaceful coexistence. Karnataka, known as the “SarvaJanangadaShaanthiya Thota” or “garden of peace,” embraces diversity, and Lakkundi’s temples embody this spirit.

Beyond its religious significance, Lakkundi’s historical importance cannot be overstated. Once a flourishing commercial hub between the 10th and 12th centuries AD, the city flourished under the rule of various dynasties, with the Chalukyas leaving an indelible mark on its cultural landscape.

The city’s legacy extends beyond its temples; its numerous step wells and inscriptions serve as invaluable historical records. With over 50 temples, most dedicated to Lord Shiva, 101 stepwells, and 29 inscriptions, Lakkundi presents a captivating journey through time, an unparalleled treasure trove for history and architecture enthusiasts. The tableau served as a powerful reminder of Lakkundi’s enduring legacy, highlighting the artistic prowess and cultural richness of the Kalyani Chalukyas.

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K M Cherian, eminent Indian cardiac surgeon, passes away

He was a Fellow of the Royal Society of Medicine in London, an Honorary Member of the Malaysian Association for Thoracic and Cardiovascular Surgery, and a recipient of the prestigious Padma Shri award from the Government of India in 1991.

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January 26, 2025

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Dr. K.M. Cherian, a towering figure in Indian medical history and a renowned cardiac surgeon, passed away on Saturday night in Bengaluru at the age of 82. His sudden death cast a pall over the nation, leaving a void in the field of cardiology and beyond. He had travelled to Bengaluru to attend a wedding when he unexpectedly collapsed.

His daughter, Sandhya Cherian, confirmed the tragic news, stating that he was rushed to Manipal Hospitals, where he was pronounced dead at 11:55 pm. The medical community mourns the loss of a true giant, a pioneer whose contributions reshaped the landscape of cardiac surgery in India.

Dr. Cherian’s legacy extends far beyond his impressive list of accomplishments. His pioneering spirit led him to achieve what was once considered impossible in India. In 1975, he etched his name into the annals of medical history by becoming the first surgeon in the country to successfully perform a coronary artery bypass surgery (CABG).

This groundbreaking achievement marked a turning point, paving the way for countless life-saving procedures and advancements in the field. His expertise and dedication earned him international acclaim, transcending geographical boundaries and establishing him as a leading authority in cardiac surgery.

His profound impact on the medical landscape is further exemplified by his instrumental role in the establishment and growth of the Madras Medical Mission (MMM) in Chennai. As Founder, Vice President, and Director of this leading healthcare institution, Dr. Cherian spearheaded its development into a centre of excellence for cardiac care. His vision and leadership nurtured a culture of innovation and excellence, shaping generations of medical professionals and leaving an indelible mark on the institution.

Beyond his professional achievements, Dr. Cherian was recognised for his exceptional qualities and numerous accolades. He was a Fellow of the Royal Society of Medicine in London, an Honorary Member of the Malaysian Association for Thoracic and Cardiovascular Surgery, and a recipient of the prestigious Padma Shri award from the Government of India in 1991. These honours reflected not only his exceptional surgical skills but also his unwavering commitment to medical excellence and ethical practice.

Even in his final days, Dr. Cherian’s dedication to his profession and his unwavering belief in the importance of compassionate patient care shone through. Just a day before his passing, he participated in the Kerala Literature Festival in Kozhikode, where he shared his insights and experiences, emphasizing the crucial role of empathy in the doctor-patient relationship.

His words resonated deeply with the audience, underscoring his dedication to ethical medical practice and leaving a lasting impression. The nation mourns the loss of a remarkable individual, a medical visionary whose contributions continue to shape the future of cardiac care in India. His memory will be cherished by all who had the privilege of knowing him.

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Padma Awards 2025: Full list of Padma Vibhushan, Padma Bhushan, Padma Shri awardees

The awards recognize outstanding achievements across all fields, with a focus on public service. The recipients are selected by a committee appointed by the Prime Minister.

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1 hour ago

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January 26, 2025

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The central government announced the recipients of the prestigious Padma Awards on Saturday. These awards, conferred annually on the eve of Republic Day, represent India’s highest civilian honours. They are presented in three categories: Padma Vibhushan (for exceptional and distinguished service), Padma Bhushan (for distinguished service of a higher order), and Padma Shri (for distinguished service).

The awards recognize outstanding achievements across all fields, with a focus on public service. The recipients are selected by a committee appointed by the Prime Minister.

This year, a total of 199 awards were presented: 7 Padma Vibhushan, 19 Padma Bhushan, and 113 Padma Shri. The President of India bestows these awards at a formal ceremony in Rashtrapati Bhawan, typically held in March or April.

List of Padma Award Winners 2024:

Padma Vibhushan:

  • Duvvur Nageshwar Reddy
  • Justice (Retd.) Jagdish Singh Khehar
  • Kumudini Rajnikant Lakhia
  • Lakshminarayana Subramaniam
  • MT Vasudevan Nair (Posthumous)
  • Osamu Suzuki (Posthumous)
  • Sharda Sinha (Posthumous)

Padma Bhushan:

  • A Surya Prakash
  • Anant Nag
  • Bibek Debroy (Posthumous)
  • Jatin Goswami
  • Jose Chacko Periappuram
  • Kailash Nath Dikshit
  • Manohar Joshi (Posthumous)
  • Nalli Kuppuswami Chetti
  • Nandamuri Balakrishna
  • PR Sreejesh
  • Pankaj Patel
  • Pankaj Udhas (Posthumous)
  • Rambahadur Rai
  • Sadhvi Ritambhara
  • S Ajith Kumar
  • Shekhar Kapur
  • Shobana Chandrakumar
  • Sushil Kumar Modi (Posthumous)
  • Vinod Dham

Padma Shri:

  • Advaita Charan Gadanayak
  • Achyut Ramchandra Palav
  • Ajay V Bhatt
  • Anil Kumar Boro
  • Arijit Singh
  • Arundhati Bhattacharya
  • Arunoday Saha
  • Arvind Sharma
  • Ashok Kumar Mahapatra
  • Ashok Laxman Saraf
  • Ashutosh Sharma
  • Ashwini Bhide Deshpande
  • Baijnath Maharaj
  • Barry Godfray John
  • Begam Batool
  • Bharat Gupt
  • Bheru Singh Chouhan
  • Bhim Singh Bhavesh
  • Bhimawa Doddabalappa Shiilekyathara
  • Budhendra Kumar Jain
  • C S Vaidyanathan
  • Chaitram Deochand Pawar
  • Chandrakant Sheth (Posthumous)
  • Chandrakant Sompura
  • Chetan E Chitnis
  • David R Syiemlieh
  • Durga Charan Ranbir
  • Farooq Ahmad Mir
  • Ganeshwar Shastri Dravid
  • Gita Upadhyay
  • Gokul Chandra Das
  • Guruvayur Dorai
  • Harchandan Singh Bhatty
  • Hariman Sharma
  • Harjinder Singh Srinagar Wale
  • Harvinder Singh
  • Hassan Raghu
  • Hemant Kumar
  • Hriday Narayan Dixit
  • Hugh and Colleen Gantzer (Posthumous)
  • Inivalappil Mani Vijayan
  • Jagadish Joshila
  • Jaspinder Narula
  • Jonas Masetti
  • Joynacharan Bathari
  • Jumde Yomgam Gamlin
  • K. Damodaran
  • K L Krishna
  • K Omanakutty Amma
  • Kishore Kunal (Posthumous)
  • L Hangthing
  • Lakshmipathy Ramasubbaiyer
  • Lalit Kumar Mangotra
  • Lama Lobzang (Posthumous)
  • Libia Lobo Sardesai
  • M D Srinivas
  • Madugula Nagaphani Sarma
  • Mahabir Nayak
  • Mamata Shankar
  • Manda Krishna Madiga
  • Maruti Bhujangrao Chitampalli
  • Miriyala Apparao (Posthumous)
  • Nagendra Nath Roy
  • Narayan (Bhulai Bhai) (Posthumous)
  • Naren Gurung
  • Neerja Bhatla
  • Nirmala Devi
  • Nitin Nohria
  • Onkar Singh Pahwa
  • P Datchanamoorthy
  • Pandi Ram Mandavi
  • Parmar Lavjibhai Nagjibhai
  • Pawan Goenka
  • Prashanth Prakash
  • Pratibha Satpathy
  • Purisai Kannappa Sambandan
  • R Ashwin
  • R G Chandramogan
  • Radha Bahin Bhatt
  • Radhakrishnan Devasenapathy
  • Ramdarash Mishra
  • Ranendra Bhanu Majumdar
  • Ratan Kumar Parimoo
  • Reba Kanta Mahanta
  • Renthlei Lalrawna
  • Ricky Gyan Kej
  • Sajjan Bhajanka
  • Sally Holkar
  • Sant Ram Deswal
  • Satyapal Singh
  • Seeni Viswanathan
  • Sethuraman Panchanathan
  • Sheikha Shaikha Ali Al-Jaber Al-Sabah
  • Sheen Kaaf Nizam (Shiv Kishan Bissa)
  • Shyam Bihari Agrawal
  • Soniya Nityanand
  • Stephen Knapp
  • Subhash Khetulal Sharma
  • Suresh Harilal Soni
  • Surinder Kumar Vasal
  • Swami Pradiptananda (Kartik Maharaj)
  • Syed Ainu Hasan
  • Tejendra Narayan Majumdar
  • Thiyam Suryamukhi Devi
  • Tushar Durgeshbhai Shukla
  • Vadiraj Raghavendracharya Panchamukhi
  • Vasudeo Kamath
  • Velu Assaan
  • Venkappa Ambaji Sugatekar
  • Vijay Nityanand Surishwar Ji Maharaj
  • Vijayalakshmi Deshamane
  • Vilas Dangre
  • Vinayak Lohani

Note that “(Posthumous)” indicates the award was given posthumously.

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