Supreme Court defers any ruling on passive euthanasia

NEW DELHI: The Union government told the Supreme Court on Monday that the controversial issue of passive euthanasia and the right to exercise the option of making a living will, mandating his family and medical practitioner to refrain from artificially prolonging his life, should be left to elected representatives and the people to debate first.

Additional Solicitor General PS Patwalia insisted that the government was in the process of debating the Law Commission report, which had recommended such a law, and the top court should hold its hands for now to allow the government to take a call on the issue. The Health Ministry has start debating and it will be referred to the Law Ministry soon to draft a law, he said.

He dubbed 'living will' as a facet of passive euthanasia and argued that the issue had complex ethical and moral dimensions which have to be examined threadbare.

He urged the court to wait till a final decision was taken by Parliament after discussion with all stake holders.

An NGO Common Cause had filed a plea seeking court intervention to pave way for passive euthanasia. Appearing for the NGO, activist lawyer Prashant Bhushan claimed that the government had failed to act on this front for 11 long years and objected to any further delay.

He argued that once the medical doctor on attendance gives an opinion that the person had reached a point of no return, his wishes as expressed in the living will should be given effect to.