Govt may refer euthanasia issue to law commission

PTI | March 8, 2011



With the supreme court on Monday rejecting a plea to allow active euthanasia (mercy killing) to Aruna Shanbaugh, a victim of sexual assault, and setting out guidelines for passive euthanasia, the government may refer the matter to the law commission to seek its views on the complex subject.

Law ministry sources said here that as the apex court has allowed passive euthanasia of withdrawing life support to patients in permanently vegetative state but rejected active euthanasia of ending life through administration of lethal substances, government may ask the law commission to study the issue and come out with a report.

Though the law commission, in a report submitted in 2006, had favoured mercy killing for terminally ill patients, the law ministry thinks a fresh look by the panel will help clarify the issue after Monday's order by the SC asking the government to bring a law on euthanasia.

The law commission reports are not binding on the government but they help various ministries firm up their views on complex legal issues such as this one.

The apex court while framing the guidelines for passive euthanasia said it would now become the law of the land until Parliament enacts a suitable legislation to deal with the issue.

The two-member bench also asked Parliament to delete Section 309 IPC (attempt to suicide) as it has become "anachronistic though it has become constitutionally valid."

In its report submitted to the government in 2008, the law commission too had recomended that "the offence of attempt to commit suicide under section 309 needs to be ommitted from the Indian Penal Code."

While the issue of euthanasia is the subject of the health ministry, changes in the provisions of the IPC are dealt with by the ministry of home affairs.

The apex court said though there is no statutory provision for withdrawing life support system from a person in permanently vegetative state, it was of the view that "passive euthanasia" could be permissible in certain cases for which it laid down guidelines and cast the responsibility on high courts to take decisions on pleas for mercy killings.

The SC bench agreed with senior counsel T R Andhyarujina, who assisted the court in the matter, that passive euthanasia should be permitted in India in certain situations.

Earlier on Monday, government said a serious debate was needed on the issue of euthanasia as there were no laws at present on it in the country.

"...They (supreme court) are right that without a law, you cannot resort to this kind of a decision with a judicial order," law minister M Veerappa Moily said here.

Moily said the Right to Life is a right vested with a person. "Therefore, there is a need for a serious debate on the matter. It has to be examined, it has to be debated upon," he said.

Comments

 

Other News

Railways imposed ₹5.13 crore fine for food quality and hygiene violations

Indian Railways serve about 58 crore meals every year on an average. About only 0.0008% food quality related complaints are received on average. Based on complaints during the last three years, appropriate penal actions have been taken by IRCTC. Such actions include imposition of fines amounting to ₹5.13

STHAVAR: Why every Indian built asset needs a permanent digital identity

India has built digital systems for identity, payments, taxation, documents, logistics and public services. State governments, ministries, infrastructure agencies and urban local bodies have also created portals for land records, building permissions, project monitoring, property taxation and municipal s

Saksham Skill census identifies 22,000 job-ready candidates in one Mumbai ward

A first-of-its-kind AI-enabled skill census conducted in Mumbai`s H-West Ward has identified a potential livelihood pipeline of nearly 22,000 candidates, generated over 32,000 provisional job matches while revealing that 71.2 per cent of surveyed homemakers are willing to join the workforce, according to

GI tags: Scaling traditional wealth into global brands

Geographical Indication (GI) tags have emerged as a powerful tool for protecting India`s cultural heritage, while creating economic opportunities for local communities. By linking products to their place of origin, GI tags preserve traditional knowledge, prevent misuse, and enhance consumer trust. They h

BMC: 207 officials in ACB net, 112 still on duty, 68 retire before justice catches up

There are significant delays in the handling of corruption cases involving officials of the Brihanmumbai Municipal Corporation (BMC), a Right to Information (RTI) response obtained by rights activist Jeetendra Ghadge has revealed. As of 30 April 2026, 207 BMC officials face Anti-Corruption Bureau (A

The transformation trap: Why efficiency is not innovation

Every company is transforming, or so it claims.   There was a time when the word ‘transformation’ carried weight. It signified bold strategic shifts, reinvention of business models, and breakthrough technologies that fundamentally changed how organizations created

Upcoming Conferences



-->

Archives

Current Issue

Opinion

Facebook Twitter Google Plus Linkedin Subscribe Newsletter

Twitter