The Supreme Court is slated to hear on Monday a PIL
seeking the right to passive euthanasia for persons afflicted with rabies.
A bench of Justices B R Gavai and K Vinod Chandran
agreed to take up the petition filed by NGO All Creatures Great and Small on
February 10 after the matter was mentioned for listing.
In 2020, the top court issued notice to the Centre
and sought responses from ministries of health and environment on the petition
that was filed in 2019.
In its plea, the NGO prayed that a procedure should
be laid down for rabies patients to allow them or their guardians to opt for
the assistance of physicians for assisted dying or passive euthanasia.
On March 9, 2018, a five-judge Constitution bench of
the SC held that right to life includes right to die and legalised passive
euthanasia by allowing the creation of a 'living will' that could provide terminally
ill patients or those in persistent vegetative state (PVS) with no hope of
recovery a dignified exit by refusing medical treatment or life support system.
The NGO, represented by senior advocate Sonia and
advocate Noor Rampal, seeks to carve out an exception for rabies patients
within the apex court judgement.
It has said in its petition that rabies has a 100
per cent fatality rate and can be "more torturous and harrowing to succumb
to than other forms of ailments".
"These unique symptoms of rabies make it an
exceptional case where the patients have to be tied and shackled to their beds
reducing their personal freedom, movement dignity and integrity," it said.
The court should consider the
"exceptional/violent nature of the disease and the absence of a cure
thereof that makes it a separate class".