Figure 1. Taking away life of an unconscious person is against humanity. Source Unsplash.
The term ‘euthanasia' derives from Greek words which means ‘good death’ (Eu ("Εὖ in Greek") = Good; Thanatos ("Θάνατος in Greek") = Death). In a literal sense, euthanasia means the termination of one’s life on his/her request. It is also known as ‘mercy killing’. When one terminates his life by his actions, it is said to be suicide. Euthanasia is unlike suicide and is given due to the health deterioration of the deceased. According to Cambridge dictionary, euthanasia is defined as providing painless death to a person suffering from a painful and incurable disease or ascertaining that the person’s recovery from a coma is impossible. It is generally enacted to liberate the patient from all the sufferings of medical complications.
There are two kinds of euthanasia widely discussed in the media and the courts - passive and active. Active euthanasia is the act of deliberate intervention in the medical treatment of an individual by giving a lethal drug or lethal injection to end the person's life. Passive euthanasia is the act of switching off the life support system (ventilator) or withholding the treatment due to which the patient was existing (surviving) but not improving. There is no specific medicine (active intervention) given to aggravate the patient’s health towards death.
Figure 2. Is enough running ever enough? Source: Unsplash.
In the past decade, euthanasia has been a much talked subject in the whole world. The idea of permitting one to take one’s life only for the reason that there is a negligible chance of improvement cannot be justified. So, the permission and legality of euthanasia has been much debated in many countries including India.
Article 21 of the Indian Constitution stipulates Protection of Life and Personal Liberty as “No person shall be deprived of his life or personal liberty except according to procedure established by law”. In India, euthanasia was first put to light in P. Rathinam vs. Union of India [1] in the year 1994, where the right to die was discussed. The constitutionality of Sec 309 (criminalising attempt to suicide) of Indian Penal Code was put to the test with the argument that Art 21 (Right to Life) of the Indian Constitution also includes Right to Die. However, in 1996, Gyan Kaur v. State of Punjab [2] overturned the judgment in P. Rathinam case. In 2005, Common Cause vs. Union of India [3] upheld the P. Rathinam case. In this case, the right of making a living will for euthanasia was proposed by one of the counsels, but the Central Government rejected the same. Living will is an instrument that would enable people to write a will about how they would want to be treated if they are in an irrecoverable vegetative state.
Figure 3. Legalising active euthanasia can never be justified. Source: Unsplash.
In 2011, the plea for euthanasia was filed for Aruna Shanbaug [4], an Indian nurse who was in a persistent vegetative state for 33 years. The request was rejected. Nevertheless, the guidelines for passive euthanasia was laid down by the apex court [5]. Further, the apex court advised the Law Commission to take up this matter seriously and give recommendations or proposals to the central government for developing the law in this respect. Consequently, the Ministry of Health and Family Welfare passed a bill on the medical treatment of terminally ill patients (Protection of Patient and Medical Practitioners) Bill. The bill included a clause that would help the patients suffering from very grave and severe illness, including extreme suffering, be allowed passive euthanasia.The bill was put out in the public domain for suggestions from the citizens. Seventy per cent of the total people supported passive euthanasia. Meanwhile, in 2015, Aruna Shanbaug died a natural death. In 2017, the Central government gave the contract bill to the Supreme Court. On 9 March 2018, the apex court legalised passive euthanasia using life support withdrawal to patients in a permanent vegetative state [6]. Further, the penalising provisions were added. There are strict penal provisions if anyone provides incorrect facts and forged documents in seeking passive euthanasia [7].
Figure 4. All we have is now. Source: Unsplash.
Few are the countries that grant active euthanasia. Such countries are the Netherlands, Canada, Belgium, Colombia, and Luxembourg. In America, active euthanasia is illegal throughout the US; however, in states like California, Washington, Oregon, and Montana, euthanasia allows people to be advised and assisted by a doctor. In Montana for example, dignity laws relating to death were clarified in Baxter v. State, and Montana Rights of the Terminally Ill Act allows the same. In the UK, it is illegal. Recently, Spain[8] and one state in Australia has also legalised euthanasia [9]. In Switzerland, the term "euthanasia tourism" is used. Many people from different countries like Germany and France move to Swiss cities like Zurich and perform a mercy killing. Here in Switzerland, there is no requirement of the person being terminally ill or diseased. It is merely open to any person who wants to choose death through euthanasia.
In the case of India, the legalisation of active euthanasia would create a havoc. As in a poverty driven nation like India, every second aged parent would opt to die rather than living a miserable life and would wish to stop being a burden over his son. However, it can be justified in cases where a person is in a persistent unbearable suffering and there seems nil chance of improving, for each and every person deserves a right to die with dignity.
But for deciding passive euthanasia in such a case, there is a serious demand of ascertaining about the medical health and all the medical possibilities of the patient by the medical practitioners.
[1]P. Rathinam vs. Union of India [2] Gyan Kaur v. State of Punjab [3]Important Judgment of the Supreme Court of India [4] Aruna Ramchandra Shanbaug vs. Union of India [5] Plea in Supreme Court restarts debate on euthanasia [6] Supreme Court says passive euthanasia is permissible [7] Demand for Euthanasia [8] Spain legalises euthanasia [9] Voluntary Euthanasia becomes legal in Australian state
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