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Passive Euthanasia And The Right To Die With Dignity In India

Author(s): Yadav M

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The Hon. Supreme Court of India made a historic decision to allow the withdrawal of life-sustaining treatment for a patient who had been in a Persistent Vegetative State (PVS) for 13 years. This reaffirmed the constitutional right to die with dignity. The new ruling clarifies that discontinuing treatment should not be interpreted as "abandonment". Instead, decisions must be guided by the "best interests of the patient" principle. This standard does not assess whether it is in the patient's interest to die, but rather whether continuing life-sustaining treatment without the prospect of recovery serves the patient's interests. The Court reaffirmed a two-tier medical review process to prevent misuse. First, a Primary Medical Board, consisting of experts at the treating hospital, must determine that the condition is irreversible. Second, a Secondary Medical Board, composed of independent experts appointed by the Chief Medical Officer, must concur with the primary board's assessment. If both boards agree that recovery is impossible and the family provides written consent, treatment may be discontinued without further court intervention. 

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Prof (Dr) Putul Mahanta MBBS, MD, PhD, FIAFM, FICFMT, FIAMLE Corresponding Author

Editor-in-chief, NMC, Assam, India

Nalbari Medical College, Nalbari, Assam, India

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