Passive vs Active Euthanasia
Legal Distinction
Passive euthanasia involves withholding or withdrawing life-sustaining treatment (such as ventilators, feeding tubes) thereby allowing natural death. Active euthanasia involves directly administering a lethal agent to end life. The Indian legal framework permits only passive euthanasia under strict conditions. Active euthanasia remains illegal and is treated as culpable homicide or murder under the BNS, 2023 (earlier IPC).
- Passive euthanasia: legal in India since Common Cause (2018) under the High Medical Board procedure
- Active euthanasia: illegal in India; constitutes an offence under BNS Section 103 (murder) or Section 105 (culpable homicide)
- Netherlands, Belgium, Canada (MAID — Medical Assistance in Dying): permit active euthanasia with strict safeguards
- Advance Medical Directive (Living Will): a written document by a mentally competent person specifying their wishes for end-of-life care; recognised by the Supreme Court in Common Cause (2018)
- 2023 modification of Common Cause guidelines: simplified the living will process — now two witnesses required (reduced from earlier), magistrate attestation removed; treating physician and hospital medical board play primary role
● Tracked since March 11, 2026 · last seen March 12, 2026 · updates as the daily brief publishes
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