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

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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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AAP targets Delhi LG with Ghajini dig over pollution row, BJP hits back

AAP’s ‘Ghajini’ dig at Delhi LG over air pollution has drawn a sharp response from the BJP, escalating the political blame game as the capital’s AQI remains poor.

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The political sparring over Delhi’s air pollution intensified after the Aam Aadmi Party (AAP) took a swipe at Lieutenant Governor Vinai Kumar Saxena using a film reference, prompting a sharp rebuttal from the Bharatiya Janata Party (BJP).

The exchange comes at a time when air quality in the national capital has shown marginal improvement but continues to remain in the “poor” category.

The trigger for the latest round of accusations was a letter written by LG Saxena to AAP’s national convener and former chief minister Arvind Kejriwal. In the letter, the LG claimed that when he had raised concerns about pollution during Kejriwal’s tenure as chief minister, the issue was played down. According to Saxena, Kejriwal had remarked that pollution becomes a topic of discussion only for a few days every year before fading from public attention.

AAP’s ‘Ghajini’ poster attack

Reacting to the letter, AAP accused the LG of shifting responsibility instead of addressing the ongoing pollution crisis. The party shared an edited image on X, portraying Saxena as the lead character from the film Ghajini, a role associated with short-term memory loss.

In the post, AAP alleged that the LG was ignoring the fact that the BJP is currently in power in Delhi and therefore accountable for managing the pollution situation. The caption accompanying the image read, “L – Low Quality; G – Ghajini,” while the poster claimed that the LG had “become Ghajini.” The visual also carried text suggesting blame being repeatedly placed on Arvind Kejriwal for rising AQI levels.

BJP’s response and counter-accusation

The BJP responded strongly to AAP’s jibe, asserting that while the present government is addressing pollution, responsibility for long-term damage cannot be ignored. Speaking to media, Delhi BJP chief Virendra Sachdeva said the party is answerable for current conditions but questioned whether it should also be held accountable for what he termed the failures of the previous AAP government over the past 12 years.

Sachdeva echoed the claims mentioned in the LG’s letter, stating that concerns over pollution were earlier dismissed as seasonal issues. He further argued that air pollution is a year-round problem and accused AAP of attempting to shift the entire burden onto a government that has been in office for only the past several months.

Referring to the ‘Ghajini’ poster, the BJP leader said that if forgetfulness was the theme, AAP should have used Kejriwal’s image instead, alleging that the former chief minister had distanced himself from his responsibilities after electoral setbacks. He added that the current administration would require time to correct what he described as mistakes made during the previous government’s tenure.

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Traffic slows in Himachal Pradesh as year-end tourist rush chokes roads to Shimla, Manali

Heavy tourist inflow during the Christmas-New Year period has slowed traffic in Himachal Pradesh, with Shimla, Manali and Dharamshala witnessing long vehicle queues.

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Shimla traffic

Traffic movement across key hill destinations in Himachal Pradesh slowed to a crawl as a heavy influx of tourists marked the year-end holiday season. Long weekends around Christmas and New Year prompted travellers, particularly from Delhi-NCR, to head towards Shimla, Manali and Dharamshala, leading to long queues of vehicles on mountain roads.

A major attraction this season is the nine-day Winter Carnival being held at the historic Ridge Ground in Shimla. The event has drawn visitors from different parts of the country, with many attending it for the first time. Tourists described the carnival as lively and enjoyable, especially for families visiting during Christmas week.

Some visitors said the festive atmosphere exceeded their expectations, while others felt the absence of snowfall slightly dampened the experience. Tourists from states including Uttar Pradesh, Punjab and Mizoram shared that snowfall during Christmas would have added to the overall charm of the hill station.

Heavy inflow of vehicles, police step up arrangements

Apart from Shimla, popular destinations such as Kullu-Manali and Dharamshala are also witnessing a steady rise in tourist numbers. Gramphu has emerged as the only snow spot currently accessible to non-4×4 vehicles, adding to the pressure on limited routes.

Police officials estimate that between 8,000 and 10,000 vehicles are entering Shimla daily during the Christmas-to-New Year period. Over the next seven days, more than three lakh tourists are expected to visit the state capital alone.

To manage traffic and ensure safety, around 400 police personnel have been deployed across sensitive and high-footfall areas. The Shimla police administration has appealed to tourists to follow traffic rules and cooperate with authorities. Officials said preparations have been made for crowd management, security checks and traffic regulation at major junctions, as congestion continues to build across the hill town.

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BJP gets its first mayor in Kerala as VV Rajesh takes charge in Thiruvananthapuram

The BJP has created history in Kerala after VV Rajesh was sworn in as Thiruvananthapuram’s first mayor from the party, ending decades of CPM control over the civic body.

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BJP

The BJP on Friday marked a historic political moment in Kerala after VV Rajesh was sworn in as the mayor of the Thiruvananthapuram Municipal Corporation. This is the first time the party has secured the mayor’s post in the state capital, signalling a significant shift in Kerala’s urban political landscape.

Rajesh’s election follows the party’s unexpected performance in the municipal elections held earlier this month, where the BJP emerged as the single-largest party by winning 50 of the 101 seats in the civic body.

Rajesh promises inclusive development across all wards

After taking oath, VV Rajesh said the focus of the new leadership would be on collective growth and inclusive governance. He stated that development work would be carried out across all 101 wards, with the aim of transforming Thiruvananthapuram into a developed city.

Rajesh secured 51 votes in the mayoral election conducted in the 100-member House, crossing the halfway mark. The CPM candidate RP Shivaji received 29 votes, while the Congress-led UDF nominee KS Sabarinathan got 19 votes. One independent councillor abstained, while support from another independent councillor proved crucial for the BJP’s victory.

Breakthrough comes ahead of key state election

The development comes less than six months before a major election in Kerala, a state where the BJP has historically struggled. The party has never formed a government in the state and has had limited legislative presence in the past.

The mayoral win also ends decades of control by the CPM over the Thiruvananthapuram civic body. The state capital is also a Lok Sabha constituency currently represented by Congress leader Shashi Tharoor.

BJP leadership targets governance overhaul

Following the swearing-in ceremony, Kerala BJP president Rajeev Chandrasekhar criticised the previous administration, alleging long-standing governance failures and corruption in the civic body. He said basic civic issues such as drainage, water supply and solid waste management had been neglected for years, and asserted that the new administration would begin work immediately to improve the city’s infrastructure.

The party has set a target of making Thiruvananthapuram one of the top cities in the country, according to Chandrasekhar.

Internal debate preceded mayoral choice

The selection of VV Rajesh as mayor followed internal discussions within the BJP. The party was reportedly divided between Rajesh and former Director General of Police R Sreelekha before consensus emerged in Rajesh’s favour. Sreelekha, who won from the Sasthamangalam ward, is known for her earlier role handling economic offence cases.

Union minister Suresh Gopi and Rajeev Chandrasekhar were present during Rajesh’s oath-taking ceremony.

Wider impact on Kerala’s political landscape

Overall results in the local body elections have posed challenges for the ruling Left Democratic Front, while the Congress-led United Democratic Front secured control of four out of six municipal bodies. Prime Minister Narendra Modi later described the BJP’s Thiruvananthapuram win as a “watershed moment,” crediting party workers for the breakthrough.

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