In a landmark decision, Supreme Court upholds passive euthanasia with guidelines

Agencies
March 9, 2018

New Delhi, Mar 9: In a landmark judgment, the Supreme Court today recognised 'living will' made by terminally-ill patients for passive euthanasia.

A five-judge constitution bench headed by Chief Justice of India (CJI) Dipak Misra said passive euthanasia and advance living will are "permissible".

The bench, also comprising justices A K Sikri, A M Khanwilkar, D Y Chandrachud and Ashok Bhushan also laid down guidelines as to who would execute the will and how the nod for passive euthanasia would be granted by the medical board.

The apex court said that advance directives for terminally-ill patients could be issued and executed by the next friend and relatives of such person after which a medical board would consider it.

The top court said that directions and guidelines laid down by it and its directive shall remain in force till a legislation is brought on the issue.

The CJI, while reading out the judgment, said that though there were four separate opinions of the bench but all the judges were unanimous that the 'living will' should be permitted since a person cannot be allowed to continue suffering in a comatose state when he or she doesn't wish to live.

The top court had in 2011 recognised passive euthanasia in Aruna Shanbaug case by which it had permitted withdrawal of life-sustaining treatment from patients not in a position to make an informed decision.

The bench was hearing a PIL filed by NGO Common Cause, saying safeguards were needed while taking a decision by medical boards to withdraw life support of a terminally-ill patient.

On January 15, 2016, the Centre had said the 241st report of the Law Commission stated that passive euthanasia should be allowed with certain safeguards and there was also a proposed law --Medical Treatment of Terminally Ill Patient (Protection of Patients and Medical Practitioners) Bill, 2006.

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News Network
May 9,2020

New Delhi, May 9: The Trinamool Congress on Saturday responded to Union home minister Amit Shah’s charge that the Mamata Banerjee-led West Bengal government is not facilitating the movement of stranded migrant workers.

Amit Shah has written to West Bengal chief minister Mamata Banerjee, saying her government is doing “injustice” to migrant workers by not allowing the special Shramik trains to reach the state.

“Union home minister Amit Shah speaks after weeks of silence only to mislead people with lies,” the TMC’s Abhishek Banerjee was quoted as saying by news agency PTI.

“The Centre is lying… West Bengal is running 711 camps for migrants in the state. We are taking good care of them,” Abhishek Banerjee, who is also the chief minister’s nephew, said.

Amit Shah had pointed out in his letter that the Centre was not receiving the “expected support” from the state government in helping stranded migrant workers from West Bengal.

“West Bengal government is not allowing trains with migrants reaching the state. This is injustice with WB migrant labourers. This will create further hardship for them,” Amit Shah had said in his letter to Mamata Banerjee.

The issue of migrant workers is the latest flashpoint between the Centre and the West Bengal government amid a row over the state’s efforts to control the coronavirus disease (Covid-19).

The Centre and the state have exchanged allegations over the criteria for reporting deaths from the infection, and while While Bengal says the Centre is trying to politicise a public health crisis, the Union government maintains that state officials are ignoring repeated warnings to step up the fight against the disease.

Federal officials have said that the region has not conducted adequate tests and that there has been mismanagement over identifying hotspots and containing them.

Union home secretary Ajay Bhalla also slammed the state government for a very low rate of testing and high rate of mortality, 13.2%, by far the highest for any state.

The Centre has also accused the state government of not allowing cross-border movement of goods trucks to Bangladesh.

There are 1,678 Covid-19 cases and 160 deaths in West Bengal until Saturday morning.

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News Network
June 15,2020

New Delhi, Jun 15: A total of 1,15,519 samples of COVID-19 have been tested in the last 24 hours taking the total samples tested to 57,74,133 in the country, the Indian Council of Medical Research (ICMR) said.

"Total sample tested 57,74,133 and samples tested in the last 24 hours is 1,15,519," said ICMR.

With an increase of 11,502 cases in the past 24 hours, the COVID-19 count in India reached 3,32,424 on Monday, according to the Union Health and Family Welfare Ministry.

The COVID-19 count includes 1,53,106 active cases while 1,69,798 patients have been cured and discharged or migrated so far, and the toll due to COVID-19 has now reached 9,520.

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News Network
June 8,2020

New Delhi, June 8: Only 20.26 lakh migrant workers of the targeted 8 crore such labourers have received free food grains in May and June (2020), according to data released by the Ministry of Consumer Affairs, Food and Public Distribution.

In the middle of May, as part of the Rs 20 lakh crore Atma Nirbhar Bharat package, the Modi government had announced that migrant labourers who are not covered under the National Food Security Act (NFSA) or any state-run PDS scheme, will receive free food grains for two months.

"Non-card holders shall be given 5 kg wheat or rice per person and 1 kg chana per family per month for the next 2 months. About 8 crore migrants will benefit from this scheme that will cost the government Rs 3500 crore,” Finance Minister Nirmala Sitharaman had said at a press conference following PM Modi’s announcement.

But the Ministry of Consumer Affairs, Food and Public Distribution said on Sunday, "The states and UTs have lifted 4.42 LMT (lakh metric tonne) of food grains and distributed 10,131 MT of it to 20.26 lakh beneficiaries."

It added, "The Government of India also approved 39,000 MT pulses for 1.96 crore migrant families. Around 28,306 MT gram/dal have been dispatched to the states and UTs. A total 15,413 MT gram have been lifted by various states and UTs". The state governments, the ministry added, had distributed only 631MT (metric tonnes) of gram so far.

Because of the constant movement of migrant workers, the Centre had said that the states will be responsible for identifying the migrants and subsequent food distribution.

The Centre claims it is spending approximately Rs 3,109 crore for food grains and Rs 280 crores for grams/chana under this package.

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