Supreme Court verdict allowing Indians the right to die with dignity is momentous
The Supreme Court has pronounced its verdict on a plea seeking legal sanction for passive euthanasia under which a person suffering from a terminal disease in her last stage of life with no chance of recovery shall be allowed not to sustain life through artificial support systems.
A five-judge Constitution bench, headed by chief justice Dipak Misra has pronounced the verdict on whether "living will" of a person should be recognised in which a person can make a statement in advance that her life should not be prolonged by putting her on a ventilator or artificial support system by allowing the same.
However, as per the verdict, the life supports can be removed only after a Statutory Medical Board declares the patient to be incurable. SC guidelines also make sure living wills are prepared without any kind of duress in a mentally sound condition and contain reasonable clauses, making them authentic documents.
While the PIL petitioner "Common Cause" had emphasised that there has to be dignity even in death when a person knows his ailments are incurable, the central government had tried to flag the scope of abuse if living wills are legalised through an order of the apex court.
The petitioner had approached the court seeking a direction for recognition of "living will" and contended that when a medical expert says that a person afflicted with the terminal disease has reached a point of no return, then she should be given the right to refuse being put on life support.
It was the coming together of medical experts, neurologists, critical and palliative care specialists with citizens from various streams of life which galvanised support for the demand and paved the way for Common Cause to raise fight the legal battle.
Common Cause representatives are learnt to be in touch with the Indian Council for Medical Research on defining terms such as end of life care, no not resuscitate, advance will directive etc for the dying to express their right will to die refusing prolonged ICU and other advanced medical care.
Though a lot of people might perceive the move to be a bid to control hospitals and nursing establishments that prolong hospitalisation with the objective of inflating bills, the development is set to help those whose lives are beyond painful and also the near and dear ones who are forced to share the pain.
The verdict by the apex court reminds me of the famous Anup Jalota bhajan, "Itna to Karna Swami, Jab Pran Tan se Niklein... Koi rog na sataye" (Oh, God, please ensure that when the time of death comes there is no ailment troubling the body.) It also reminds me of John Donne's 16th century sonnet, "Death Be Not Proud" highlighting that death is just a short sleep.