MAINS Current Affairs includes SC Permits Withdrawal of Life Support in India’s First Passive Euthanasia Case & Supreme Court Reiterates Support for Uniform Civil Code (UCC)

Polity and Governance

1. SC Permits Withdrawal of Life Support in India’s First Passive Euthanasia Case

Context: The Supreme Court of India allowed withdrawal of clinically-assisted nutrition and hydration (CANH) for a 32-year-old patient, Harish Rana, marking the first practical application of passive euthanasia principles in India. 

Key Observations of the Supreme Court

The Court stated that withdrawal of life-support measures must be decided based on the “best interests of the patient.”

The following factors should guide the decision:

• Whether the life-support system provided to the patient qualifies as medical treatment.
• Whether medicines or interventions provide therapeutic benefits, or merely prolong life and suffering.
• Whether artificially extending life would serve the patient’s best interests or compromise dignity.
• The Court also emphasised that patients must be treated with sensitivity and compassion, ensuring that human dignity remains the primary consideration.
• The judgment attempts to clarify when medical intervention should give way to natural death.
• The bench also observed that India lacks comprehensive legislation on end-of-life care and urged the Central Government to enact a suitable legal framework.

What is Euthanasia?

• Euthanasia refers to the deliberate act of ending a person’s life to relieve pain, suffering, or terminal illness.
• Ethicists generally classify euthanasia into two forms.

Passive Euthanasia

• Passive euthanasia involves the withholding or withdrawal of medical treatment or life-support systems, allowing the patient to die naturally.

Examples include:

• discontinuing ventilator support
• stopping artificial nutrition or hydration
• withdrawing life-prolonging medication.

Active Euthanasia

• Active euthanasia involves the intentional act of ending a patient’s life through direct medical intervention, typically by administering a lethal substance.
• Active euthanasia remains illegal in India.

Legal Position of Euthanasia in India

• The Supreme Court recognised passive euthanasia in the landmark Common Cause v. Union of India (2018)

The Court held that:

• Right to die with dignity is part of the Right to Life under Article 21 of the Constitution.
• Passive euthanasia may be permitted under specific safeguards.

Concept of Living Will

• The 2018 judgment also recognised the concept of a “living will.”

A living will is a written document in which an individual specifies:

• the medical treatment they wish or do not wish to receive in the future
• in situations where they are unable to make decisions themselves.

This allows individuals to exercise autonomy over end-of-life medical decisions.

Arguments Supporting Assisted Dying

• Autonomy and Personal Choice
• Individuals should have the right to decide how they wish to live and die, especially when suffering from terminal illness or irreversible medical conditions.
• Relief from Prolonged Suffering
• Assisted dying may provide a humane and compassionate option for patients experiencing severe pain or irreversible medical conditions.
• Respect for Individual Rights
• Supporters argue that people should have control over their bodies and medical decisions, including end-of-life choices.

Arguments Opposing Assisted Dying

• Moral and Ethical Concerns
• Many believe that intentionally ending life violates the sanctity of human life and raises serious moral concerns.
• Risk of Misuse or Coercion
• There is concern that vulnerable individuals, including the elderly or mentally ill, may face pressure from family or caregivers to choose assisted death.
• Conflict with Medical Ethics
• Doctors are traditionally bound by the principle of preserving life and providing care, which may conflict with practices involving assisted dying.
• Availability of Alternative Care
• Advancements in palliative care and pain management can often alleviate suffering without ending life.

Way Forward

• Strengthening Palliative Care
• Expanding access to quality palliative care and pain management can reduce the demand for euthanasia by alleviating suffering.
• Legal and Policy Framework
• India requires a comprehensive legal framework governing end-of-life care to ensure clarity, safeguards, and ethical oversight.
• Encouraging Public Debate
• Wider discussions involving medical experts, ethicists, policymakers, and civil society can help address the ethical complexities of assisted dying.
• Learning from Global Practices
• Countries with regulated assisted dying frameworks such as Canada and the Netherlands provide examples of strict safeguards and oversight mechanisms.
• Mental Health Safeguards
• Psychological evaluation and counselling should be mandatory to ensure that decisions are informed, voluntary, and free from coercion.

Conclusion

The Supreme Court’s decision marks a significant development in India’s jurisprudence on end-of-life care and patient autonomy. While passive euthanasia is legally recognised, the absence of a comprehensive legislative framework continues to create uncertainties.

Balancing human dignity, medical ethics, and safeguards against misuse will be essential as India moves toward developing a clearer policy on assisted dying.

Polity and Governance

2. Supreme Court Reiterates Support for Uniform Civil Code (UCC)

Context: The Supreme Court of India reaffirmed its support for the idea of a Uniform Civil Code (UCC), observing that a common civil law system could help resolve complexities created by multiple personal laws governing marriage, divorce, inheritance, and succession among different religious communities.

Supreme Court’s Observations

The matter before the Court challenges certain provisions of the Muslim Personal Law (Shariat) Application Act, 1937, claiming that they discriminate against Muslim women, particularly in inheritance rights.

The Court noted that:

• Simply striking down provisions of personal laws could create a legal vacuum regarding inheritance and family law.
• A Uniform Civil Code would provide a clearer and more comprehensive framework for ensuring equality across communities.
• Implementing such a framework requires legislative action by Parliament, rather than judicial intervention alone

What is Uniform Civil Code (UCC)?

A Uniform Civil Code refers to a single set of civil laws applicable to all citizens of India, regardless of religion.

It would govern personal matters such as:

• marriage
• divorce
• inheritance
• adoption
• The objective of UCC is to replace the current system of religion-based personal laws with a common legal framework applicable to every citizen.

Constitutional Provisions

Article 44 of the Constitution

• Article 44, included in Part IV (Directive Principles of State Policy), states that:
• “The State shall endeavour to secure for the citizens a uniform civil code throughout the territory of India.”
• Although Directive Principles are not legally enforceable in courts, they are considered fundamental guidelines for governance and policy-making.

Status of UCC in India

• Goa Civil Code
• Goa currently follows the Portuguese Civil Code of 1867, which acts as a form of Uniform Civil Code.

Under this system:

• All communities follow the same laws regarding marriage, divorce, and succession.
• The code continued after Goa’s integration into India through the Goa, Daman and Diu Administration Act, 1962.
• Uttarakhand Uniform Civil Code
• In 2024, the Uttarakhand Legislative Assembly passed the Uniform Civil Code of Uttarakhand Act, 2024.
• This made Uttarakhand the first state in independent India to adopt a UCC framework.

Arguments in Favour of UCC

• Uniformity in Legal Governance
  • A single civil law framework would simplify legal administration and improve consistency in judicial decisions across the country.
• Gender Justice
  • Several personal laws contain discriminatory provisions against women, especially in matters of marriage, inheritance, and maintenance.
  • A uniform code could ensure equality and protect women’s rights.
• Strengthening Secularism
  • A UCC is viewed as reinforcing secular principles by treating all citizens equally before the law, irrespective of religion.
  • The Supreme Court has supported this idea in multiple judgments, including the Ahmed Khan v. Shah Bano Begum (1985) case.
• Promoting National Integration
  • A common civil code could encourage a shared legal framework, strengthening national unity while reducing divisions created by community-based laws.

Arguments Against UCC

• Implementation Challenges
  • India’s cultural, religious, and social diversity makes it difficult to design a single law that accommodates all traditions and customs.
• Concerns of Minority Communities
  • Some minority groups fear that UCC could undermine their religious practices and cultural traditions.
  • For example, tribal communities follow distinct marriage and inheritance customs that differ from mainstream personal laws.
• Potential Law and Order Issues
  • Critics argue that imposing a uniform code without consensus may create social tensions and unrest, particularly among communities that perceive it as interference in religious practices.
• Constitutional Concerns
  • Opponents argue that UCC may conflict with religious freedom guaranteed under Articles 25 and 26 of the Constitution, which allow citizens to freely practise and manage their religious affairs.
  • Additionally, protections under the Sixth Schedule safeguard customary practices of tribal communities.

Way Forward

• Building Broad Social Consensus

The government should engage in extensive consultations with religious leaders, legal scholars, civil society organisations, and minority communities to build trust and reduce apprehensions.

• Prioritising Gender Justice
• Reforms should focus on removing discriminatory provisions in personal laws, particularly those affecting women in areas such as:
  • marriage
  • divorce
  • maintenance

Conclusion

The debate over a Uniform Civil Code reflects the challenge of balancing equality, secularism, and cultural diversity in a pluralistic society like India.

While a common civil framework could enhance gender justice and legal uniformity, its success depends on inclusive dialogue, careful drafting, and respect for India’s social diversity.

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