ABSTRACT
This commentary addresses the issue of disproportionate medical interventions for end-of-life patients. A complex mix of sociocultural and medical factors, against the backdrop of the legal milieu, has an impact on the quality of death. The barriers to appropriate end-of-life and palliative care in India are multilayered and not easy to dismantle. To raise the level of care for the dying in India, currently rated among the worst in the world, it would require no less than a nationwide movement. This paper attempts to bring into the open the areas of concern for discussion, and proposes appropriate legislation for a realistic solution.
ABSTRACT
On March 7, 2011, the Supreme Court of India (SCI) delivered a progressive judgement with far-reaching implications for end-of-life care and medical practice. The 110-page document written by Justice Markandey Katju was delivered by a two-judge division bench. It is available on the SCI website and makes fairly easy reading. It begins with a quote from Mirza Ghalib: “Marte hain arzoo mein marne ki, maut aati hai par nahi aati.” [“We perish with the wish to die / Death mocks but it will not arrive.”] Justice Katju then goes on to include a substantive review of legal opinions from across the English speaking world before opining that passive euthanasia can be practised legally in India.