Additional solicitor-general P.S. Patwalia said before a Supreme Court five-judge Constitution Bench on Monday that based on the recommendations of the expert committee, DG DGHS has proposed the formulation of legislation on “passive euthanasia”. The law ministry has sought clarification which has since been provided. Parliament may also refer the bill to a standing committee for wider discussion and consultation. He said since “living will” was one facet of passive euthanasia, the court should wait till a final decision is taken by Parliament after discussion with doctors and various stakeholders. Appearing for the NGO Mr Bhushan submitted that when a medical expert opined that the person afflicted with a terminal disease had reached a point of no return, then he/she should be given the right to refuse being put on a life-support system to prolong his/her agony. Mr Patwalia said the right to die merely because of pain and suffering would not be in the interest of society as it was against public policy. Any change in the law could be brought about only by Parliament, he added, and said FI driver Michael Schumacher is still being kept alive on a support system. The bench observed that the age of the person and at what stage the life-support system should be removed and “living will” be executed are also relevant considerations based on doctors’ opinion that no further treatment is available for that person. “Let the people’s court discuss the issue before we take up the matter,” Justice Joseph said. The bench, posting the matter for further hearing on July 20, said that the pendency of the petition before the Constitution Bench would not preclude the government from considering the bill.
