The important observation came in a landmark verdict of a five-judge constitution bench headed by Chief Justice Dipak Misra which recognised the right of a terminally-ill patient to execute a "living will" to refuse medical treatment for dying with dignity.
The bench acknowledged the right to refuse treatment of a terminally-ill patient and said "any such person who has come of age and is of sound mind has a right to refuse medical treatment".
"In the 21st century, with the advancement of technology in medical care, it has become possible, with the help of support machines, to prolong the death of patients for months and even years in some cases. At this juncture, the right to refuse medical treatment comes into the picture.
The apex court referred to various foreign judgements and said it has been held by a US court that "every human being of adult years and sound mind has a right to determine what shall be done with his own body...".
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The top court said the right to refuse medical treatment "stands on a different pedestal as compared to suicide, physician assisted suicide or even euthanasia."
However, both suicide and refusal to take treatment in case of terminal ailment shall result in the same consequences, that is death, "yet refusal to take treatment by itself cannot amount to suicide," it said.
"In case of suicide, there has to be a self-initiated positive action with a specific intention to cause one's own death. On the other hand, a patient's right to refuse treatment lacks his specific intention to die, rather it protects the patient from unwanted medical treatment," it said.
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