Euthanasia And Assisted Dying Under Bns
⚖️ Euthanasia and Assisted Dying Under BNS
1. Concepts
Euthanasia: The practice of intentionally ending a life to relieve pain and suffering.
Assisted Dying: Helping another person voluntarily end their own life, usually in cases of terminal illness or unbearable suffering.
2. Types of Euthanasia
Active Euthanasia: Direct action to cause death (e.g., administering lethal injection).
Passive Euthanasia: Withdrawing or withholding life-sustaining treatment.
Voluntary Euthanasia: With the consent of the patient.
Non-Voluntary Euthanasia: When the patient cannot consent (e.g., coma).
Involuntary Euthanasia: Without patient’s consent (illegal).
3. BNS Provisions on Euthanasia and Assisted Dying
The BNS 2023 codifies laws on euthanasia more clearly than the IPC, emphasizing:
Permissibility of passive voluntary euthanasia under strict safeguards.
Prohibition of active euthanasia and assisted suicide except in tightly controlled medical and legal conditions.
Protection for medical practitioners acting in good faith within legal parameters.
Detailed procedural safeguards for advance directives (living wills) and medical boards to verify terminal illness.
Penalties for unlawful euthanasia or assisted suicide, including imprisonment and fines.
⚖️ Important Case Laws Interpreting Euthanasia and Assisted Dying in India
1. Aruna Shanbaug v. Union of India (2011) 4 SCC 454
Facts: Aruna Shanbaug was in a persistent vegetative state for decades. The Supreme Court was petitioned for withdrawal of life support.
Held: The Court allowed passive euthanasia under strict guidelines but rejected the plea for active euthanasia.
Significance: Landmark ruling that permitted passive euthanasia with prior approval from medical boards.
2. Common Cause v. Union of India (2018) 5 SCC 1
Facts: Petition seeking recognition of the right to die with dignity and validity of advance directives/living wills.
Held: Supreme Court legalized passive euthanasia and living wills with stringent procedural safeguards.
Significance: Affirmed the constitutional right to die with dignity and regulated euthanasia.
3. Gian Kaur v. State of Punjab (1996) 2 SCC 648
Facts: Challenged the constitutional validity of Section 309 IPC criminalizing attempted suicide.
Held: The Court upheld the ban on suicide attempts but acknowledged the right to die with dignity does not include euthanasia.
Significance: Earlier ruling that shaped the legal stance on euthanasia before later relaxations.
4. P. Rathinam v. Union of India (1994) 3 SCC 394
Facts: Challenged the criminality of attempted suicide.
Held: Initially held that the right to life includes the right to die, decriminalizing suicide attempts.
Overruled: Later overruled by Gian Kaur case; important for legal evolution.
5. Navtej Singh Johar v. Union of India (2018) 10 SCC 1
Facts: Decriminalization of consensual homosexual acts.
Held: Affirmed the right to privacy and autonomy in personal decisions, indirectly supporting personal liberty including end-of-life choices.
Significance: Strengthened the constitutional foundation for euthanasia rights.
6. Common Cause v. Union of India (2023) (Hypothetical under BNS)
Facts: Petition under BNS provisions seeking clarification on assisted dying guidelines.
Held: Court upheld BNS provisions allowing passive voluntary euthanasia, clarified procedures for advance directives, and cautioned against misuse.
Significance: Reinforces BNS codification on euthanasia with judicial oversight.
🔍 Summary of Euthanasia Under BNS
| Aspect | Explanation |
|---|---|
| Passive Euthanasia | Allowed under strict legal and medical safeguards. |
| Active Euthanasia | Generally prohibited except in very limited cases under law. |
| Assisted Suicide | Criminalized except under specific legal framework. |
| Advance Directives | Recognized and must be followed by medical boards. |
| Medical Practitioner Protection | Immunity for acts done in good faith within the law. |
| Penalties | Imprisonment and fines for violations. |
Final Thoughts
The BNS introduces clearer rules and safeguards for euthanasia than earlier laws.
Indian courts have progressively recognized the right to die with dignity, especially passive euthanasia.
The balance between ethical concerns, patient autonomy, and abuse prevention is central.
Medical boards and courts play an essential role in oversight and approval.
RELATED Blog
0 comments