New Delhi: A fresh debate on euthanasia began on Wednesday with the Supreme Court issuing notices to all states and Union territories seeking their views on whether life support systems can be withdrawn on a terminally ill patient if he/she reaches a vegetative state with no hope of revival.
A Constitution bench headed by Chief Justice of India R.M. Lodha agreed to examine the issue, raised by NGO Common Cause, that the right to refuse treatment and the right to die with dignity be incorporated within the right to life. The court gave the states eight weeks to reply.
The Centre strongly opposed the plea, saying that euthanasia cannot be legalised as it was a form of suicide, that is an offence in India. It said there was the strong possibility of misuse if euthanasia is legalised.
Attorney-general Mukul Rohatgi submitted that the issue should be decided by the legislature, and not by the courts.
The bench, that also comprising Justices J.S. Khehar, J. Chelameswar, A.K. Sikri and Rohinton Nariman, said the matter perta-ined not only to the Constitution but involved morality, religion and medical science.
It said the contention that there could be misuse of the statute cannot be a ground for not legislating on euthanasia.
The bench raised the question of what safeguards should be put in place to prevent misuse of euthanasia, if legalised.
It asked the petitioner what is the least painful way to bring life to an end as there have been discussions across the world on the matter and there is no unanimous finding.
The SC appointed former solicitor general T.R. Andhyarujina as amicus curiae to assist it in the case.
