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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]

India News

INDIA Bloc protest intensifies, Opposition MPs plan Rajghat march

The INDIA bloc has planned another round of protests against Chief Election Commissioner Gyanesh Kumar, with Opposition MPs expected to march to Rajghat on Thursday.

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The INDIA bloc is set to intensify its protest in Delhi against Chief Election Commissioner Gyanesh Kumar, with Opposition MPs expected to march to Rajghat on Thursday.

The fresh mobilisation comes a day after several Opposition leaders, including Congress leader Rahul Gandhi, were detained during protests against the Election Commission. The leaders were later released.

The Opposition has been demanding the resignation of CEC Gyanesh Kumar over allegations linked to electoral rolls and what it has described as “vote chori”.

Opposition leaders discuss next course of action

INDIA bloc MPs met at a cafe in Delhi on Thursday to discuss the next steps in their protest. Following the meeting, the leaders were expected to proceed towards Rajghat.

Congress president Mallikarjun Kharge hosted an INDIA bloc luncheon meeting on Wednesday, after which buses were arranged to transport MPs. Several Opposition leaders later staged a sit-in and raised slogans demanding the resignation of the poll body chief.

Mamata Banerjee among leaders expected to join

Trinamool Congress chief Mamata Banerjee is likely to be part of the Opposition’s 10-member delegation that will meet President Droupadi Murmu on Friday.

The INDIA bloc has also sought an appointment with the President. Ten Opposition leaders, including Mallikarjun Kharge, Rahul Gandhi and Akhilesh Yadav, have been given an appointment to meet the President on Friday.

The INDIA bloc had sought a meeting with a 15-member delegation, but Rashtrapati Bhavan agreed to a 10-member delegation.

Case against Rahul, Priyanka Gandhi

The Delhi Police has registered a case against Rahul Gandhi, Priyanka Gandhi Vadra and several other leaders and workers over alleged misconduct during the protests.

Police sources said the FIR alleges assaulting police personnel and obstructing government work during Wednesday’s protest.

The INDIA bloc’s agitation follows an earlier march towards the Election Commission headquarters, during which Opposition MPs demanded action over their concerns regarding electoral rolls and alleged irregularities.

Election Commission protest continues

The Opposition has announced further protests as it seeks to keep the issue in focus.

Congress has described October 8 as a “Black Day” nationwide, while Opposition MPs are continuing their campaign against the Election Commission.

The latest protest comes amid heightened security at CEC Gyanesh Kumar’s Delhi residence and around the Election Commission headquarters.

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Delhi Building Collapse: Many trapped as 5-storey structure comes down

A building collapsed in Delhi’s Seemapuri area on Wednesday, with several people feared trapped under the debris. Rescue teams have reached the spot.

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A building collapsed in Delhi’s Seemapuri area on Wednesday, with several people feared to be trapped under the debris.

The incident took place in northeast Delhi, where emergency teams were rushed to the site after the collapse was reported.

Rescue operation underway

A search and rescue operation has been launched at the site as authorities work to determine whether people are trapped beneath the debris.

The Delhi Fire Service received information about the collapse at around 3:30 pm and sent fire tenders to the location. An official said some people might be trapped in the debris.

The incident has prompted an emergency response in the area, with rescue personnel working to locate anyone who may be trapped.

Collapse comes a month after Satya Niketan tragedy

The Seemapuri incident comes about a month after a building collapse in Delhi’s Satya Niketan area, where people were trapped after a multi-storey structure came down.

Further details about the Seemapuri collapse, including the number of people trapped and any casualties, are awaited as the rescue operation continues.

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Bhagwant Mann hits back at BJP over CBI search in Sangrur

Bhagwant Mann hit out at the BJP over a CBI search in Sangrur, alleging political targeting and claiming the agency returned empty-handed after a nearly six-hour search.

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Punjab Chief Minister Bhagwant Mann has criticised the BJP over a CBI search at the residence of his officer on special duty (OSD) Rajbir Singh Ghuman in Sangrur, alleging that central agencies are being used against political opponents ahead of elections.

Mann said the CBI action was an indication that elections were approaching and accused the BJP of using agencies such as the CBI and Enforcement Directorate against Opposition leaders or their associates.

“The CBI raid shows that elections have arrived,” Mann said.

The Punjab Chief Minister cited cases involving Jharkhand Chief Minister Hemant Soren and leaders close to former West Bengal Chief Minister Mamata Banerjee while alleging that central agencies have been used ahead of elections. He also said Aam Aadmi Party leaders faced similar action before the Delhi Assembly elections.

Mann says CBI returned empty-handed

According to Mann, the CBI search at Gharachon village in Sangrur lasted nearly six hours.

The Chief Minister claimed that the agency “did not find anything” during the search and returned empty-handed. He alleged that the action was part of a BJP conspiracy to defame him and his government.

Mann also linked the CBI action to the BJP’s anti-drug campaign in Punjab and questioned the political impact of the campaign.

He alleged that the CBI action was politically motivated and intended to create a narrative against the AAP government ahead of upcoming elections.

CBI search at Mann aide’s house

Earlier, a CBI team searched the house of Mann’s OSD Rajbir Singh Ghuman in Gharachon village in Sangrur.

The search triggered a political confrontation involving the ruling AAP and Opposition parties. Representatives of Waris Punjab De and Akali Dal Punar Surjeet gathered in the village and welcomed the CBI team.

After the CBI vehicles left the area, people were seen beating dhols, performing bhangra and showering flower petals on the vehicles carrying the agency officials.

Sources cited in the report said the CBI was investigating allegations involving people accused of causing significant losses to Punjab and looting public money.

BJP hits back at Bhagwant Mann

BJP leader Tarun Chugh criticised the response to the CBI search, calling it an “extraordinary display of shamelessness”.

Taking a swipe at AAP chief Arvind Kejriwal, Chugh said the time for political drama was over and that those responsible would have to answer for money allegedly stolen from the people of Punjab.

“Stop the drama. Let the investigation proceed and let the facts speak,” he said.

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