India's top court allows 'living wills' for terminally ill

11 March, 2018, 01:30 | Author: Yolanda Murray
  • Passive euthanasia refers to the withdrawal of medical treatment with the deliberate intention of hastening a terminally ill patient’s death

The central government had in the course of hearing of the matter by a five-judge Constitution Bench told the top court that passive euthanasia was the law of the land with safeguards by virtue of an earlier 2014 judgement of the top court in Aruna Shanbaug case. By allowing euthanasia and spelling out strict guidelines on how it can be carried out, the Supreme Court has taken a step towards giving the exact interpretation of the "right to live with human dignity" mentioned in Article 21 of the Indian Constitution.

New Delhi-In a landmark judgment, the Supreme Court on Friday recognised "living will" made by terminally-ill patients for passive euthanasia.

Advocate Prashant Bhushan, appearing for petitioner NGO Common Cause, had argued that safeguards were needed while taking a decision by medical boards to withdraw life support of a patient.

The Supreme Court has made a distinction between Active and Passive Euthanasia. Second is the Durable Power of Attorney for Health Care (DPAHC) or Health Care Proxy and third is the Living Will (LW).

NASA's Juno Probe Peers Into Jupiter's Mysterious Atmosphere and Polar Regions
They also didn't expect the cyclones to be so close together and so symmetrical. "The remarkable thing about this", says Dr. The recent findings will perk up understanding of the planet's core mass, interior structure and eventually, its origin.

While the centre was on board on allowing passive euthanasia, it opposed the concept of living will.

"Passive euthanasia" can include turning off life-support machines, not administering life-extending drugs or not performing life-extending operations.

Chief Justice Misra said the fundamental question that puzzled the court was "whether the Hippocratic oath should prevent us from entering the dark tunnel of death with dignity".

"This judgement will allow people to make a decision well in advance without any pressure, by weighing the pros and the cons".

Indian envoy hold talks with top Chinese think-tank
Leaders from China's metals industries said they have called on the Chinese government to take retaliatory measures. Trump slapped 25 percent tariffs on steel imports and 10 percent for aluminium on Thursday.

Passive euthanasia entails a withdrawal of medical treatment to deliberately hasten the death of a terminally-ill patient. The Supreme Court has defined it so in its verdict in the Aruna Shanbaug case. "However, it should be given effect to only after being fully satisfied that the executor is terminally ill and is undergoing prolonged treatment or is surviving on life support and that the illness of the executor is incurable or there is no hope of him/her being cured", the court said.

We also are of the opinion that in cases of incompetent patients who are unable to take an informed decision, "the best interests principle" be applied and such decision be taken by specified competent medical experts and be implemented after providing a cooling period to enable aggrieved person to approach the court of law.

"Life sans dignity is an unacceptable defeat and life that meets death with dignity is a value to be aspired for and a moment for celebration", the five-judge bench, headed by India's chief justice, said in its order. The person authorising passive euthanasia has to sign the document in the presence of two witnesses, preferably independent; it has to be countersigned by a Judicial Magistrate of First Class (JMFC), who shall preserve one copy in his office besides sending it to the registry of the district judge to retain it in digital format.

If the medical board refuses to allow withdrawal of medical treatment, it may be challenged by the executor or his family members before the concerned high court.

Media 'Feasts' on Vulnerable, Possibly Drunk Former Trump Aide
During his last interviews with TV channel NY1, Nunberg called the press secretary a joke and referred to her as unattractive. Stone and Nunberg had worked on Trump's campaign in its early stages, and both left the campaign in August 2015.

A person need not give any reasons nor is he answerable to any authority on why he should write an advanced directive.


  • Children's Climate Change Lawsuit Allowed by Appeals Court

    Children's Climate Change Lawsuit Allowed by Appeals Court

    The so-called "climate kids" have again had their novel case against the federal government cleared for trial. Thomas wrote that federal rules of procedure anticipate defendants will sometimes face burdensome litigation.
    'Traitor!': Manafort faces protester after pleading not guilty

    'Traitor!': Manafort faces protester after pleading not guilty

    After his previous not-guilty plea in D.C., Manafort was put on home confinement and Global Positioning System monitoring. Ellis III made the decision Thursday when Manafort was arraigned on additional charges filed by special counsel Robert S.
    BJP mum after Karnataka CM Siddaramaiah unveils state flag

    BJP mum after Karnataka CM Siddaramaiah unveils state flag

    The state emblem of Karnataka is based on the kingdom of Mysore and is carried on all Government of Karnataka correspondence. The new flag will bear Karnataka's coat of arms. "We will press upon the Centre to clear this soon", he said.
  • Twitter's solution to the blue tick controversy? Verify everyone

    Twitter's solution to the blue tick controversy? Verify everyone

    In November, the accounts of several far-right personalities had their blue check marks removed for violations of Twitter's hate speech policy.
    Ichiro Suzuki likely to return to Seattle Mariners

    Ichiro Suzuki likely to return to Seattle Mariners

    Having traded away most of their MLB-ready prospects, the Mariners farm system does not have an obvious candidate for a promotion. Ichiro, 44, is understood to be finalizing a contract with the Mariners, with whom he previously played for almost 12 years.
    Download: Install the New Pixel Launcher From Android P!

    Download: Install the New Pixel Launcher From Android P!

    Firstly you'll need to browse to the Android developer website to download the system image and flash it to a compatible device . And new messaging notifications will make it easier for users to determine who is messaging them and reply more efficiently.
  • Microsoft told about a secret mode in Windows 10

    Microsoft told about a secret mode in Windows 10

    Microsoft today released a new Cumulative Update for Windows 10 devices running Creators Update aka version 1703. Moreover, customers will be able to migrate to the new platform from any edition free of cost at any time.
    Former Asheville Police Officer Charged For August Beating

    Former Asheville Police Officer Charged For August Beating

    During the ensuing chase, Hickman can be heard yelling, "You are going to get fucked up hardcore", while pulling out his stun gun. The investigation also found that Hickman had engaged in "rude and discourteous behavior" on at least four other occasions.
    Broadcom sends letter to US Congress, denies national security concerns

    Broadcom sends letter to US Congress, denies national security concerns

    The job of CFIUS is to review acquisitions of USA companies by foreign entities to assess potential national security implications.
  • What Is Meghan Markle's Net Worth?

    What Is Meghan Markle's Net Worth?

    Meghan and Harry are set to marry in May this year in an intimate ceremony in the grounds of Windsor Castle. The couple were greeted by students and other well-wishers, including pets.
    (UPDATING) Gunman Holding Hostages at Napa County Veterans Home

    (UPDATING) Gunman Holding Hostages at Napa County Veterans Home

    He tells KTVU-TV the property of the large veterans home was evacuated after a man with a gun was reported on the grounds. CHP is also responding with aerial resources and sending a SWAT team to assist the Napa County Sheriff's Office on scene.
    How to Fend Off Daylight Saving Time Fatigue

    How to Fend Off Daylight Saving Time Fatigue

    It wasn't instituted until World War I, when it went into effect to save energy used for lights. Sunday, Northeast Ohioans will lose an hour of sleep as we spring the clocks an hour forward.


West Ham United shame as fans invade pitch at London Stadium
Asked whether he was concerned over player safety being in jeopardy, Dyche told a news conference: "No, I don't think so". One supporter was thrown to the ground by club captain Mark Noble , who was then restrained by Joe Hart .

Daylight Saving Time-to-Check-Alarms
Second homeowners, for example, could choose to test on the Fourth of July and Christmas if that's easier for them to remember. Since you can not replace the lithium battery, replace the entire smoke alarm according to the alarm instruct ions.

Samsung 2018 QLED 4K TVs Can Disappear Into Wall Behind…Almost
Another new addition for 2018 is Bixby, Samsung's very own voice assistant that was introduced a year ago with the Galaxy S8 duo. FALD should offer even better black levels, contrast and brightness control for HDR content in particular in these QLEDs.

Reasons You Shouldn't Buy or Upgrade to the Galaxy S9 now
After the debacle that was the Note 7, Samsung probably won't want to push the limits of the Note 9's battery. Each version of the Note brings some changes to what the S Pen can do, and the Note 9 will be no exception.

Navigate Google Maps as Super Mario in his go-kart on Mario Day
Google is encouraging users to take a screenshot of Mario inside Maps and share it on social media with the hashtag #MarioMaps. When you launch the latest version of the app you'll see a prompt asking if you'd like to "Navigate the world as Mario".

United States special counsel probes Seychelles meeting with Russian
Trump says there was no collusion between Moscow and his campaign and calls the investigation a witch hunt. Mueller is investigating Russia's role and whether the Trump campaign colluded with Moscow.

Alive' Game Teases Pokemon Go Style Experience!
More AR games are also in the works, including Harry Potter: Wizards Unite (from the makers of Pokémon Go ) and Ghostbusters World.

Cheerleaders may have been exposed to Mumps at national competition in Dallas
Since mumps is a virus, people can treat the symptoms as they would the flu , and it usually runs its course in two weeks. Anyone who is unsure of their children's vaccination status is encouraged by the TDSHS to contact their doctor.

Hadiya case: Supreme Court to hear father's plea today
Hadiya last month in an affidavit had informed the Apex Court that she embraced Islam and married to Shafin Jahan on her own will. Whether it is right or wrong, or she (Hadiya) did not marry a right person, it is for the consenting individuals to decide.

Nagaland Governor asks BJP-ally NDPP to form government
Even with just one seat - in 2008 it had seven - NPF made it a part of its government. However, NPF is still seeking the support of BJP in a quid pro quo manner.