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Assembly debate over Bill for euthanasia

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Posted: Mar 06, 2008 at 0036 hrs IST

Gandhinagar, March 5 The private member Gujarat Physicians and Surgeons (Civil and Criminal Immunity) Bill 2008, seeking to allow patients suffering from terminal illness for voluntary euthanasia, generated an interesting debate in the state Assembly on Wednesday.

Moving the Bill in the House, senior BJP MLA Bharat Barot said medical science has now acquired life support systems and medications to extend life artificially for long period even after the patient becomes brain-dead.

Thus the patient has a fear that he or she, if kept alive artificially for long, might add suffering and distress to his/her family.

Such a patient should therefore be allowed to take a decision to reject artificial treatment and seek a voluntary passive euthanasia, Barot said.

He, however, clarified that the bill does not provide for mercy killing of any sort, as the decision for voluntary euthanasia, if any, would be that of the patient only.

The Bill also proposed that if the patient is not in a position to take such a decision, an adult person should be permitted to make a written declaration, through the power of attorney, pressing the patient's wish for euthanasia.

The Bill further said that if a physician or surgeon fails to concede the patient's request for withdrawing life support system or medical treatment, and if the physician does not transfer the case to another one who is willing to respond to such a request, the patient can file a petition in a district court praying for his/her wish to be respected.

Participating in the debate on the private member Bill, Leader of the Opposition Shaktisinh Gohil of the Congress said, “There are two sides of the Bill — it may create a lot of problems for both patients and the medical fraternity, but at the same time also prove beneficial to the patient and his/her relatives”.

He suggested that a House committee be constituted to study thoroughly the various provisions of the Bill and then enact laws, if necessary.

Intervening in the debate, state Health Minister Jay Narayan Vyas said that such a Bill, if passed in the House, would tantamount to contravention of relevant provisions of the Constitution of India.

He said, instead of enacting such a law, the government should focus more on costlier treatment of some serious ailments mainly relating to cancer, cardiology and kidney.

He requested Barot to withdraw the Bill, which the latter did after he was duly convinced by the minister.

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Forensic medicine by Dr Mrinal Jha on 08 Feb 2010

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