MAINS Current Affairs includes Evolution of Euthanasia Jurisprudence in India & Protest Rallies in Ladakh over Statehood & Sixth Schedule Demands

Polity & Governance

1. Evolution of Euthanasia Jurisprudence in India

Context: In India, the idea of euthanasia and the right to die with dignity has evolved through judicial interpretation of Article 21 (Right to Life). The recent Supreme Court decision allowing withdrawal of life support in a critical case reflects the ongoing development of legal and ethical frameworks on end-of-life care.

Background: Harish Rana Case

• A young man remained in a Persistent Vegetative State (PVS) for over a decade after severe injuries.
• No medical recovery occurred despite prolonged treatment.
• His family approached the Supreme Court seeking permission to withdraw life support.
• The case required balancing constitutional rights, medical ethics, and existing legal safeguards.

Constitutional Foundation

Article 21 – Expanding Meaning

• Initially focused on protection of life.
• Gradually expanded to include dignity, autonomy, privacy, bodily integrity.
• Thus, the judiciary interpreted that life must be meaningful and dignified, not merely biological existence.

Evolution Through Key Judgments

Gian Kaur v. State of Punjab (1996)

• Recognised right to live with dignity.
• Rejected the idea of a right to die.

Aruna Shanbaug Case (2011)

• First recognition of passive euthanasia (limited).
• Introduced safeguards:
  • High Court approval
  • medical board review

Law Commission Reports (2006 & 2012)

• Supported withdrawal of life support in patient’s best interest.
• Influenced future judicial thinking.

Common Cause v. Union of India (2018)

• Landmark judgment:
  • Recognised right to die with dignity under Article 21
  • Allowed living wills (advance directives)
  • Legalised passive euthanasia with safeguard

2023 Clarifications

• Simplified procedures for:
  • living wills
  • withdrawal of treatment

These collectively form the Common Cause Guidelines.

Supreme Court’s Analysis in Recent Case

CANH as Medical Treatment

• Clinically Assisted Nutrition & Hydration (CANH) is considered medical intervention.
• Hence, it can be legally withdrawn.

Best Interest Principle

• Treatment must offer therapeutic benefit.
• If it only prolongs suffering, withdrawal may be justified.

Final Observation

• Withdrawal of life support was allowed as it aligned with patient dignity and best interest.

Ethical and Legal Concerns

Sanctity of Life vs Dignity

• Conflict between preserving life and respecting human dignity.

Role of Doctors

• Medical ethics emphasise saving life.
• Withdrawal raises dilemmas:
  • ending life vs allowing natural death

Cultural & Religious Sensitivities

• Many traditions oppose euthanasia.
• Ethical acceptance varies across society.

Legal Ambiguity

• No comprehensive law on euthanasia.
• Reliance on judicial guidelines creates uncertainty.

Procedural Complexity

• Multiple steps:
  • primary medical board
  • secondary review
  • consent and documentation

Risk of Misuse

• Possible in cases of:
  • inheritance disputes
  • financial pressure

Healthcare Inequality

• Limited access to palliative care and hospice services.

Safeguards Against Misuse

To ensure ethical implementation:

• Medical board approvals (multiple levels)
• Family consent
• Proper documentation
• Adherence to legal guidelines

These safeguards aim to balance autonomy with protection.

Way Forward

• Legislative Framework: Parliament should enact a clear euthanasia law.
• Strengthen Palliative Care: Improve access to end-of-life care services.
• Awareness: Promote knowledge about living wills & patient rights.
• Ethical Guidelines: Standard protocols for hospitals and doctors.

Conclusion

Euthanasia jurisprudence in India has evolved from complete prohibition to cautious acceptance of passive euthanasia. The judiciary has expanded Article 21 to include dignity in death, but the absence of a comprehensive law continues to create ambiguity. A balanced legal framework is essential to ensure human dignity, ethical safeguards, and protection against misuse.

Polity & Governance

2. Protest Rallies in Ladakh over Statehood & Sixth Schedule Demands

Context: Recent protest rallies in Ladakh highlight growing demands for statehood and inclusion under the Sixth Schedule of the Constitution.

Background

• In 2019, after the abrogation of Article 370, Ladakh was carved out as a Union Territory without a Legislative Assembly.
• The region includes:
  • Leh (Buddhist-majority)
  • Kargil (Muslim-majority)
• Since then, people have been demanding:
  • Statehood
  • Sixth Schedule status
  • Job reservations
  • Separate parliamentary representation

What is the Sixth Schedule?

Constitutional Basis

• Provided under Article 244.
• Applies to tribal areas in:
  • Assam
  • Meghalaya
  • Mizoram
  • Tripura

Key Features

Autonomous District Councils (ADCs)

• Each ADC has 30 members (5-year term).
• Exception: Bodoland Territorial Council with more members.

Legislative Powers

ADCs can make laws on land and forests, agriculture, village administration, inheritance and marriage, social customs.

Judicial Powers

• Can establish courts for disputes involving tribal members.
• Limited sentencing powers (less than 5 years imprisonment).

Administrative Authority

• Significant autonomy in governance.
• Governor plays a key supervisory role.

Why Ladakh Demands Sixth Schedule Status

Protection of Tribal Identity

• Ladakh has a large tribal population.
• Demand for safeguarding culture, land, and traditions.

Land & Resource Protection

• Prevent outsiders from acquiring land.
• Protect fragile Himalayan ecosystem.

Greater Autonomy

• Desire for local decision-making power similar to Northeast tribal areas.

Major Concerns of Ladakh Residents

• Lack of Political Representation: No legislative assembly → decisions taken by Lieutenant Governor & Centre.
• Demographic Anxiety: Fear of migration altering ethnic and cultural composition.
• Environmental Stress: Increased tourism and infrastructure causing water scarcity, waste issues, ecological imbalance.
• Youth Issues: Rising unemployment, Limited education and job opportunities

Key Demands

• Constitutional Safeguards: Inclusion in Sixth Schedule for autonomy and protection.
• Statehood / Legislative Assembly: Demand for democratic governance and local representation.
• Job Reservation; Preference for locals in government and private sector employment.
• Environmental Protection: Strong laws to regulate tourism, infrastructure expansion.
• Cultural Preservation: Protection of Buddhist heritage and local traditions.
• Inclusive Economic Development: Development in sectors like tourism, renewable energy, agriculture. With local participation and benefits.

Key Issues in Granting Sixth Schedule to Ladakh

• Constitutional Challenge: Sixth Schedule currently applies only to states, not Union Territories.
• Administrative Complexity: Need for new institutional mechanisms.
• Political Balance: Balancing interests of Leh and Kargil regions.

Way Forward

Balanced Governance Model: Combine national security concerns with local aspirations.

Institutional Reforms: Consider:

• Legislative assembly
• Autonomous councils with enhanced powers

Environmental Safeguards: Promote sustainable development models.

Dialogue & Consensus: Continuous engagement between

• Centre
• local leaders
• civil society

Conclusion

The Ladakh protests reflect deeper concerns related to identity, autonomy, and sustainable development. Addressing these demands requires a careful balance between constitutional provisions, strategic interests, and local aspirations, ensuring long-term stability and inclusive growth in the region.

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