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Report No. 241

Passive Euthanasia - A Relook

Contents
1. Introduction
1. Introduction
2. Law Commission's 196th Report
3. How the Law Commission & Supreme Court viewed it
4. The question broadly and our approach
5. The Bill proposed by 17th Law Commission and its features
6. Supreme Courts' decision in Aruna's case (2011) (1)
Supreme Courts' decision in Aruna's case (2011) (2)
7. Medical ethics and duty of the doctor
8. Analysis by 17th Law Commission
9. Legalizing euthanasi.- the perspectives and views
10. Whether legislation necessary?
11. Passive euthanasi.- issues discussed (1)
Passive euthanasi.- issues discussed (2)
12. Palliative Care
13. Changes now proposed in the draft Bill
14. Summary of Recommendations
Annexur.- I The Medical Treatment of Terminally-Ill Patients (Protection of Patients and Medical Practitioners) Bill
1. Short title, extent and commencement
2. Definitions
3. Refusal of medical treatment by a competent patient and its binding nature on medical practitioners
4. Authority to prepare panel of medical experts
5. Medical Practitioner to maintain record and inform patient, parent etc
6. Palliative care for competent and incompetent patients
7. Protection of competent patients from criminal action in certain circumstances
8. Protection of medical practitioners and other acting under their direction, in relation to competent and incompetent patients
9. Permission to be obtained from High Court and the procedure
10. Confidentiality for purposes of section 9
11. Advance Medical Directives as to medical treatment and Medical Powe-of-Attorney to be void and not binding on medical practitioners
12. Medical Council of India to issue Guidelines
Annexur.- II The Medical Treatment of Terminally ill Patients
1. Short title, extent and commencement
2. Definitions
3. Refusal of medical treatment by a competent patient and its binding nature on medical practitioners
4. Advance Medical Directives as to medical treatment and Medical Power of Attorney to be void and not binding on medical practitioner
5. Withholding or withdrawing of medical treatment by medical practitioner in relation to a competent patient who has not taken an informed decision and in relation to an incompetent patient
6. Expert medical opinion to be obtained by medical practitioner for purposes of section 5
7. Authority to prepare penal of medical experts for purpose f section 6
8. Medical Practitioner to mention register and inform patient, parents etc
9. Palliative care for competent and incompetent patients
10. Protection of competent patients from criminal action in certain circumstances
11. Protection of medical practitioner and other acting under their direction in relation to competent and incompetent patients
12. Enabling provision for seeking declaratory relief before a Division Bench of The High Court
13. Confidentiality for purpose of sections 12 and 13
14. Medical Council of India to issue Guideline


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