Mint Explainer | The gaps in India's withdrawal of life support protocols
The court waived the mandatory 30-day "reconsideration period," usually required by the 2023 guidelines, noting that the patient's family, medical boards, and the state were in unanimous agreement. Active euthanasia involves a deliberate act to end a patient's life, such as administering a lethal injection.
This remains strictly illegal in India and is classified as an offense (culpable homicide or murder) under the Bharatiya Nyaya Sanhita (BNS), 2023. It is currently legally accepted in only a few jurisdictions, most notably the Netherlands, Belgium, Colombia, Canada, and Spain.Passive euthanasia involves withholding or withdrawing medical treatment (like ventilators or feeding tubes) that artificially prolongs life, allowing the patient to die naturally.
This is what the court has permitted under strict safeguards. Countries that recognize this include the UK, Germany, Japan, and France.Notably, Canada’s model is one of the most effective frameworks globally.
Unlike India's current reliance on court-monitored guidelines, Canada’s Medical Assistance in Dying (MAID) legislation provides clear statutory timelines and specific legal immunity for healthcare providers. This removes the "grey areas" that often lead to the prolonged legal battles seen in the Indian context.Doctors stress that the decision must be based strictly on medical evidence that recovery is impossible.Naresh Trehan, chairman and managing director at Medanta hospital suggested a rigorous testing protocol.
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