Comprehension
The right to self-determination and bodily integrity has been recognised by the Supreme Court of India. The right to execute an Advance Medical Directive is nothing but a step towards protection of the aforesaid right by an individual, in event he becomes incompetent to take an informed decision, in particular stage of life. It has to be recognised by all including the States that a person has right to execute an Advance Medical Directive to be utilised to know his decision regarding manner and extent of medical treatment given to his body, in case he is incapacitated to take an informed decision. Such right by an individual does not depend on any recognition or legislation by a State and we are of the considered opinion that such rights can be exercised by an individual in recognition and in affirmation of his right of bodily integrity and self-determination which are duly protected under Article 21 of the Constitution. The procedure and manner of such expression of such right is a question which needs to be addressed to protect the vulnerable, infirm and old from any misuse. It is the duty of the State to protect its subjects specially those who are infirm, old and need medical care. The duty of doctor to extend medical care to the patients, who come to them in no manner diminishes in any manner by recognition of concept that an individual is entitled to execute an Advance Medical Directive. The physicians and medical practitioners treating a person, who is incompetent to express an informed decision have to act in a manner so as to give effect to the express wishes of an individual.
Question: 1
Based on the given excerpt, which of the following judgments relates to euthanasia?
Based on the given excerpt, which of the following judgments relates to euthanasia?
Updated On: Jul 11, 2024
- Common Cause v. Union of India, (2018) 5 SCC 1
- Santosh Singh v. Union of India, (2016) 8 SCC 253.
- Anuj Garg v. Hotel Association of India, (2008) 3 SCC 1
- ) Madhu Kishwar v. State of Bihar, (1996) 5 SCC 125.
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The Correct Option is A
Solution and Explanation
The correct option is (A) : Common Cause v. Union of India, (2018) 5 SCC 1
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Question: 2
Based on the given excerpt, which of the following is not correct regarding an Advance Medical Directive?
Based on the given excerpt, which of the following is not correct regarding an Advance Medical Directive?
Updated On: Jul 11, 2024
- The purpose and object is to express the choice of a person regarding medical treatment in an event when he loses capacity to take a decision
- Right of execution by an individual does not depend on any recognition or legislation by a state.
- It is also known as a living will
- Right of execution by an individual depends on recognition or legislation by a state
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The Correct Option is D
Solution and Explanation
The correct option is (D) : Right of execution by an individual depends on recognition or legislation by a state
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Question: 3
Which of the following is not correct as per the Supreme Court judgment in Gian Kaur v. State of Punjab, [(1996) 2 SCC 648]?
Which of the following is not correct as per the Supreme Court judgment in Gian Kaur v. State of Punjab, [(1996) 2 SCC 648]?
Updated On: Jul 11, 2024
- Right to life does not include right to die
- Right to life is a natural right embodied in Article 21 but suicide is an unnatural termination or extinction of life, and therefore, incompatible and inconsistent with the concept of right to life.
- Section 309 of the Indian Penal Code, 1860 was held constitutional.
- Right to life includes right to die.
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The Correct Option is D
Solution and Explanation
The correct option is (D) : Right to life includes right to die.
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Question: 4
In the judgment referred in the excerpt, which of the following was not held by the Supreme Court of India?
In the judgment referred in the excerpt, which of the following was not held by the Supreme Court of India?
Updated On: Jul 11, 2024
- A person of competent mental faculty is entitled to execute an Advance Medical Directive in accordance with the safeguards.
- An adult human being having mental capacity to take an informed decision has right to refuse medical treatment including withdrawal from life saving devices.
- An adult human being having mental capacity to take an informed decision has right to refuse medical treatment including withdrawal from life saving devices.
- In case of incompetent patients, ‘the best interest principle’ will be applied and such decision will be taken by specified competent medical experts.
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The Correct Option is C
Solution and Explanation
The correct option is (C) : An adult human being having mental capacity to take an informed decision has right to refuse medical treatment including withdrawal from life saving devices.
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Question: 5
Which of the following judgments does not relate to the constitutionality of right to die?
Which of the following judgments does not relate to the constitutionality of right to die?
Updated On: Jul 11, 2024
- Aruna Ramchnadra Shanbaug v. Union of India, (2011) 4 SCC 454
- D.S. Grewal v. Vimmi Joshi, (2009) 2 SCC 210
- Maruti Shripati Dubal v. State of Maharashtra, 1986 SCC OnLine Bom 278
- P. Rathinam v. Union of India, (1994) 3 SCC 394.
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The Correct Option is B
Solution and Explanation
The correct option is (B) : D.S. Grewal v. Vimmi Joshi, (2009) 2 SCC 210
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Question: 6
Which of the following is not correct regarding passive euthanasia as per the judicial precedents in India?
Which of the following is not correct regarding passive euthanasia as per the judicial precedents in India?
Updated On: Jul 11, 2024
- It is legally permissible in India
- It is legally not permissible in India.
- Passive euthanasia entails withholding of medical treatment for continuance of life
- Passive euthanasia is to avoid a prolonged agony.
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The Correct Option is B
Solution and Explanation
The correct option is (B) : It is legally not permissible in India.
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