Person in persistent vegetative state not experimental object: Former CJI Misra on euthanasia

Former Chief Justice of India (CJI) Dipak Misra on Monday said a terminally ill patient or a person in persistent vegetative state should not be made an "experimental object". He further said that one must respect a terminally ill person's dignity.

Misra was speaking at Agenda Aaj Tak in New Delhi.

"Let us not make him [patient in persistent vegetative state] an experimental object. Let us respect his dignity and let us respect him humanity," he said, addressing the gathering.

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On March 9, a five judge bench headed by the then chief justice of India, Dipak Misra, had recognised that a terminally ill patient or a person in persistent vegetative state can execute an "advance medical directive" or a "living will" to refuse medical treatment.

While delivering the verdict, the bench had said that the right to live with dignity also includes "smoothening" the process of dying.

At the event, Justice (retd) Misra said, "I have always told that humanity is dignity and if I cannot die with dignity, you are affecting my identity."

Referring to the Supreme Court's landmark verdict on passive euthanasia, Justice (retd) Misra said if a person cannot die with dignity, it was akin to affecting his or her identity.

The former CJI said he wanted to make people aware about the concept of passive euthanasia.

"My purpose is to make people aware. The law has empowered you and once the law has empowered you, you are empowered," he said.

Justice (retd) Misra said he knew how people were suffering and how families were ruined in such cases because they do not know what to do. "If they do not spent money on the treatment, the society will question," he said, adding that "this social conflict should be over".

The Supreme Court, in its March verdict, had also observed that failure to legally recognise advance medical directives may amount to "non-facilitation" of the right to smoothen the dying process and the person's dignity, which, the bench said, was also a part of the right to life under Article 21 of the Constitution.

The court had also listed the principles relating to the procedure for execution of advance directive or "living will" and the guidelines and safeguards to give effect to passive euthanasia.

With PTI inputs

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