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SC clarifies again: There is no right to die

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[vc_row][vc_column][vc_column_text]Top court directs that every district should have a medical board whose duty will also be to decide the validity of the will that the person who is in terminal illness may have made

The Supreme Court on Wednesday (October 11) re-clarified what has always been established by Indian judiciary that “there is no right to die”. The constitution bench of Chief Justice Dipak Misra and Justices A K Sikri, A M Khanwilkar, D Y Chandrachud and Ashok Bhushan also decided that every district should have a medical board whose duty will also be to decide the validity of the will (of a person on ventilator or in the last stages of a terminal disease) and that the board’s decision on this will be final. The board’s preliminary duty of course will be to ensure that there is enough reason to pull the plug on a dying person, if needs be.

The Chief Justice made it clear that once the medical board makes any decision, family members should not create any impediments.

In the last two days the bench has gone through several intricate and delicate issues and situations, weighing the pros and cons. On Wednesday the bench could not decide on the constitutionality of euthanasia as a right and said that there is no right to die.

However, the bench agreed that complications could arise in the event of the dying person having a will and is on life support. In that case should the plug be pulled, and if so, who will decide on this?

Justice Sikri said that there were two situations to be considered:

  1. The person had executed a will and is now in a situation when his senses are deemed dead. But, due to advancement of technology, there is a possibility that he can be treated and cured.
  2. His senses are dead and there is no cure for it.

Justice Chandrachud said: “Take for example AIDS. Now it is curable.”

The Chief Justice said: “You don’t have the right to die, but can euthanasia be given in certain cases? Also explain if the guidelines given in the Aruna Shanbagh case are enough or not.”

An intervenor came who favours passive euthanasia. He said it is the right of the state to ensure the right to life and right to die with dignity.

That was when the question arose: “What will be role of the medical board in determining validity of a will? If someone disputes the will, how will its validity be checked?” This was raised by Additional Solicitor General P S Narasimha.

EARLIER DELIBERATIONS

In the deliberations on the legality of a “living will” on Tuesday the court had asked whether courts should intervene if there is no legal guardian to decide if a person should continue on prolonged life support. When is such intervention justified and who will certify that a person’s condition will not improve to bring him or her back from a permanent vegetative state?

Senior counsel Prashant Bhushan, appearing for petitioner NGO Common Cause had said that a person suffering from terminal illness should be granted the decisional autonomy to state that he no longer wanted to be under continued treatment, especially in a country like India where medical facilities are woeful and often prolong a person’s suffering even if he is not clinically certified as dead.  This autonomy should be treated as part of a person’s right to die with dignity, which a previous constitution bench held as being a part of the right to life under Article 21.

What are the safeguards for deciding on such a will, and who will certify that medical treatment was no longer working, the bench asked. Justice Sikri stressed that because the process is irreversible there have to be iron-clad safeguards.

Justice Chandrachud posed philosophical questions. He spoke of the chances of a ‘living will’ being misused in the case of elderly people. He said it was deeply troubling that the largest section of the population suffering ill treatment is the elderly, who “become a burden and are neglected”. In the case of a rich elderly person, the chance of misuse is real, he pointed out. He sought to know what was the “threshold of pain” at which life support could be withdrawn. “How proximate should be the point at which the doctors take the decision and likely point of death?” he asked.

On the benefits of a ‘living will’, the CJI said: “when a person is on ventilator, who will take the decision to remove the life support? Everybody is in confusion. If there is a will, it is morally sustainable. When a will is made, all are free, relatives are free, doctors don’t have any inhibition that anyone will accuse them of murder. They only have to take a conscious decision.”

He also pointed to the scope for misuse of such a will and sought to know “how to prove that document”. “A healthy man can also execute a document that he is admitted to hospital and was administered treatment, but there was no use and he didn’t want to remain on ventilator,” he said. The CJI also wondered “what is the safeguard to ensure that it is really his will and… who will certify that his condition is bad?”

Contrary to what some people think, the Constitution bench is not concerned with either euthanasia or assisted suicide in this case. It is considering a more limited contention that Common Cause has made in its petition, which is that the court grant an individual the right to execute a living will.

A living will, legal in several countries, allows a competent adult to execute an Advance Directive as to whether he or she should or should not be given medical treatment when he or she is terminally ill and not in a position to take a medical decision.
This is the right of a person in sound health to refuse in advance to be medically treated or be kept on life support if he or she becomes terminally ill. If the court recognizes the right of an individual to execute a living will, then it can go on to decide whether to grant individuals the right to assisted suicide.

Common Cause has, however, qualified its contention by saying that the strictest safeguards should govern the right to execute a living will. An expert committee must ensure that a person is not being compelled to resort to this step either out of diminished mental capacity or any other kind of pressure, especially from family members who could be motivated by material considerations.

In the absence of a law governing euthanasia, citizens must rely on two judgements for guidance on the issue. One is the Constitution bench’s decision in the Gian Kaur case of 1996 to hold that only natural death in the course of time is permitted under the law.

The other is the Supreme Court’s decision in the Aruna Shanbaug case of 2011. In that case, the court liberated those in a permanent vegetative state by laying down detailed, mandatory guidelines regarding when it would be legal for doctors and medical personnel to pull the plug.

Aruna Shanbaug had been in a permanent vegetative state for more than two decades when the court passed the judgement. While the court declined to intervene in her case, its general guidelines came into force.

The Law Commission of India, whose job it is to suggest law reform, has however opposed the grant of legal sanctity to living wills. In its 241st report, it said: “In a country where there is considerable illiteracy and lack of knowledge of developments in medicine and technology, there is scope for Advance Directives being based on wrong assumptions… as a matter of public policy in India, Advance Directives oral or written are controversial and can lead to mischief and should be made legally ineffective.”

The Law Commission welcomed the decision in Shanbaug’s case but stressed the need for a comprehensive legislative framework regulating passive euthanasia. The government submitted that the ruling in Shanbaug’s case, upholding the validity of passive euthanasia, was wrong. The government had stressed that it was for the legislature and not the Supreme Court to debate and decide. The government also submitted that it should have the right to sit in judgement over the opinion of the medical board that a person can no longer be revived with treatment.[/vc_column_text][/vc_column][/vc_row]

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Union Minister Scindia slams Rahul Gandhi for Maharajas remark, Congress hits back

He argued that Gandhi’s remarks demonstrated a limited understanding of India’s past, accusing him of overlooking the positive contributions of several royal families to social reform and development.

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A sharp political clash erupted following Rahul Gandhi’s assertion that only Maharajas enjoyed rights in pre-independence India. Addressing a rally in Mhow, Gandhi claimed that Dalits, Adivasis (tribal people), and other backward castes lacked rights before independence, a stark contrast to the privileged position of royal families. He framed the BJP-RSS’s vision as a return to this pre-independence era, where, he alleged, only the ultra-wealthy like Adani and Ambani would hold sway, leaving the poor to suffer in silence. Gandhi’s speech was a powerful indictment of what he perceived as a regressive political agenda.

This statement immediately drew fire from Jyotiraditya Scindia, a BJP leader and former Congress member. Scindia, in a series of posts on X (formerly Twitter), directly challenged Gandhi’s historical narrative. He argued that Gandhi’s remarks demonstrated a limited understanding of India’s past, accusing him of overlooking the positive contributions of several royal families to social reform and development.

Scindia highlighted specific examples: the financial assistance provided by Maharaja Sayajirao Gaekwad of Baroda to B.R. Ambedkar for his education, Chhatrapati Shahuji Maharaj’s pioneering 50% reservation for backward castes in his governance as early as 1902, and Madhavrao I of Gwalior’s establishment of educational and employment centres across the Gwalior-Chambal region.

Scindia’s carefully chosen examples aimed to paint a picture of royal patronage of social justice, directly contradicting Gandhi’s narrative. His pointed criticism also served as a personal attack, emphasizing the perceived hypocrisy of a leader from a prominent royal family criticizing the historical role of other such families.

The Congress responded swiftly and forcefully to Scindia’s critique. Pawan Khera, the party’s media and publicity head, launched a counter-offensive, accusing Scindia of conveniently overlooking the darker aspects of the royal families’ history. Khera’s response emphasized the often-overlooked collaboration between many royal families and the British Raj, highlighting their loyalty to colonial rule and the economic privileges they enjoyed even after India’s independence.

He pointed to the substantial tax-free allowances granted to the Gwalior royal family (₹2.5 million in 1950), continuing until 1971, as a direct consequence of their privileged status within the pre-independent and early independent Indian states. Khera’s argument challenged the selective portrayal of royal benevolence, underscoring the enduring economic and political power imbalances that persisted well into the post-independence era.

Furthermore, Khera brought up the contentious issue of a royal family’s alleged involvement in Mahatma Gandhi’s assassination, reminding the public of the complex and often morally ambiguous legacy of many royal houses. He also quoted Jawaharlal Nehru’s rejection of the “divine right of kings” in a Constituent Assembly speech, showcasing the Congress’s historical commitment to dismantling the hierarchical power structures of the past.

Khera’s counter-narrative skillfully framed the debate as a struggle between a vision of inclusive democracy and the remnants of feudal privilege. He cleverly deployed Subhadra Kumari Chauhan’s poem on the Rani of Jhansi, subtly referencing the Scindias’ alleged alliance with the British, to add a layer of pointed historical critique to his response.

The exchange between Scindia and Khera transcended a simple disagreement over historical interpretation. It revealed deep-seated political fault lines and competing narratives about India’s past and the nature of its present-day political landscape. It also highlighted the ongoing debate about the legacy of princely states in independent India and the delicate balance between recognizing past contributions and acknowledging historical injustices. The intense rhetoric used by both sides underscored the high stakes involved in shaping public perception of India’s history and its implications for contemporary politics.

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After Coldplay India tour, PM Modi pushes for live concerts

This includes not only the venues themselves but also the logistical support systems necessary to handle large-scale events smoothly and efficiently. The development of a skilled workforce, capable of managing all aspects of concert production and promotion, is equally vital.

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Prime Minister Narendra Modi has pointed to the phenomenal success of Coldplay’s recent concerts in Mumbai and Ahmedabad as a prime example of India’s burgeoning live music market. The sold-out shows, drawing massive crowds and widespread acclaim, showcased the immense potential for growth in the “concert economy,” a sector the Prime Minister believes is ripe for significant expansion.

Modi’s comments, made at the ‘Utkarsh Odisha – Make in Odisha Conclave 2025’, emphasized the need for coordinated efforts from both state governments and the private sector. He stressed the importance of investing in crucial infrastructure improvements and skills development to fully realize this potential.

This includes not only the venues themselves but also the logistical support systems necessary to handle large-scale events smoothly and efficiently. The development of a skilled workforce, capable of managing all aspects of concert production and promotion, is equally vital.

The Coldplay concerts, part of their Music of the Spheres World Tour, served as a compelling case study. The seamless organization and vibrant atmosphere were widely praised, underscoring the potential for India to become a major player in the global live music industry. The concerts weren’t merely successful musical events; they were significant cultural moments.

Chris Martin’s engaging interactions with the audience, incorporating Hindi, Marathi, and Gujarati, created a unique connection, demonstrating cultural sensitivity and enhancing the overall experience. The inclusion of patriotic songs like “Vande Mataram” and “Maa Tujhe Salaam” during the Ahmedabad concert, coinciding with Republic Day, further cemented the events’ resonance with the Indian public.

The presence of numerous celebrities, including Bollywood stars and prominent sports figures, added to the concerts’ high profile and contributed to the widespread media coverage. This amplified the message about India’s potential as a significant player in the international concert circuit.

Coldplay’s return to India, after their 2016 performance at the Global Citizen Festival, highlights the growing appeal of the country as a destination for major international artists. This positive trajectory suggests a bright future for India’s “concert economy,” a sector that Modi believes can be significantly boosted with strategic investment and planning.

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UP: 7 killed, 40 injured in stage collapse at Jain religious event in Baghpat

The incident serves as a stark reminder of the importance of stringent safety regulations and robust structural assessments for temporary structures used in large-scale public events.

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A tragic accident marred a Jain Nirvana festival in Baghpat, Uttar Pradesh, on Tuesday, resulting in the deaths of seven people and injuries to at least forty others, including women and children. The incident occurred during a laddu ceremony, a significant ritual in Jainism involving the offering of sweetmeats.

The cause of the tragedy was the collapse of a makeshift stage constructed from bamboo and wood. Hundreds of devotees had gathered to participate in the ceremony and offer laddoos to Lord Adinath, a revered figure in Jainism, in the presence of Jain monks. The weight of the crowd overwhelmed the temporary structure, leading to its catastrophic failure and the subsequent injuries and fatalities.

Eyewitness accounts paint a picture of chaos and panic as the stage gave way, trapping dozens of people beneath the debris. The rapid response of local authorities was crucial in mitigating the aftermath. According to district authorities, 108 ambulances were already on standby at the festival, allowing for immediate transport of the injured to hospitals for treatment. Senior police officials and other emergency personnel swiftly arrived on the scene to manage the situation and coordinate rescue efforts.

Baghpat’s District Magistrate, Asmita Lal, confirmed the casualties and provided an update on the injured. She stated that at least forty individuals had sustained injuries and were receiving medical attention, while twenty had been discharged after receiving first aid. The scale of the disaster highlights the inherent risks associated with inadequate structural integrity at large public gatherings.

Chief Minister Yogi Adityanath expressed his condolences and directed district officials to provide comprehensive medical care to the injured, ensuring that no effort is spared in their treatment and recovery. The incident serves as a stark reminder of the importance of stringent safety regulations and robust structural assessments for temporary structures used in large-scale public events.

Investigations into the cause of the stage collapse are likely to follow, focusing on the materials used, the construction methods, and the overall safety protocols in place. The tragedy underscores the need for heightened safety measures to prevent similar incidents in the future.

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