The government is unlikely to enact a law on the sensitive issue of euthanasia even a year after the Supreme Court allowed the High Courts to take a call on withdrawal of life support for patients living in a permanent vegetative state.
The Law Commission of India is understood to be not too keen on a fresh study on the subject despite a law ministry reference regarding the same.
Sources stated that the ministry’s earlier report on the subject six years back has not been implemented so far. The March 7 judgement last year of the Supreme Court had asked the 21 High Courts to follow certain guidelines before giving a final go-ahead for withdrawal of life support medicines and systems to patients who are brain dead or in a permanently vegetative state. The consent of relatives and the opinion of medical experts had been made necessary.
The apex court had said that its judgement would remain in force until Parliament enacts a law on this issue.
Sources said the government may not frame any law on the subject for the time being and let the courts to decide in such cases as the issue is very sensitive.
It is understood that the law ministry had asked the Law Commission of India whether a standalone law was required for euthanasia. The ministry also wanted to know whether the Supreme Court judgement should be treated as law. However, further action on the issue is still awaited.
In March, 2006, the Law Commission in its 196th report had submitted a draft ‘Medical Treatment of Terminally ill Patients (Protection of Patients and Medical Practitioners) Bill, 2006’ to the government.
The draft bill provides for the protection of patients and medical practitioners from liability in the context of withholding or withdrawing medical treatment, including life support systems, from terminally ill patients who have little chances of recovery.