Author: Ramneek kaur, a student at Bharati Vidyapeeth Deemed University, New Delhi
Abstract:
Euthanasia, which is described as mercy killing actually means giving peace to a person who is suffering from grave illness that may not be curable. Euthanasia is granted to a person who is terminally sick or in a vegetative state, it is not for someone who undergoes with a minor ailment or disease and randomly wants to end their life. Euthanasia is the finest answer to the person enduring not only physical but emotional and psychological torment. Euthanasia has broad categorization which will be divulged in this article. Furthermore this article discloses Indian stance on Euthanasia accompanied by established case laws.
Keywords:
Euthanasia, Lethal dose, Mercy killing, Beneficence
Introduction:
Euthanasia is the trouble free and painless death given to an individual who is at the stage, where he/she cannot even perform daily basic chores of their life by themselves and they are breathing with the help of a support. The support here can be an attendant, equipment, machinery or any medical assistance. Many countries and eminent jurists consider the Act of performing Euthanasia as morally wrong but with the evolution in time and in the wake of numerous debates it started getting legalized. Netherlands and Belgium are the first states to legalize Euthanasia in 2001 and 2002 respectively.
Definition of Euthanasia:
Euthanasia means demise of an individual by injecting or giving lethal dose of drug or by removing the artificial support on which, one is lingered. Euthanasia cannot be performed without the consent of an individual or near relative of the individual in the case where the individual is not in the position to communicate the consent. Euthanasia is stated as an easy death but it is not an easy process, as it takes into consideration so many factors, such as, medical history of the patient, psychological state of the patient, religious or personal beliefs of the patient and most imperatively the consent of the patient.
Classification of Euthanasia:
- Active Euthanasia
In Active Euthanasia death is caused intentionally by imparting dose which is sufficient to end the life of an individual as to alleviate the dreadful pain or the state of unconsciousness the individual is going through. In some states the process of Active Euthanasia is considered as murder, owing to which Active Euthanasia is still not legalized in many states.
- Passive Euthanasia
In Passive Euthanasia death is aspired intentionally by discontinuing the use of artificial appliances or machinery through which an individual is cling to life. It is also said to be committed when one intentionally stops the medication of the individual suffering. Unlike Active Euthanasia, in Passive Euthanasia the death is aspired to happen by indirect means.
- Physician Assisted Suicide
In Physician Assisted Suicide the physician provides the prescription or the lethal dose of drug itself to the patient, who desires to end their life and later on the patient administers it by his/her own self. Physician Assisted Suicide is regarded as murder in most of the states and is a punishable offence. Physicians owe a duty to uphold the professional ethics towards the patients as mentioned under the code of medical ethics. The Hippocratic Oath taken by the Physician includes; not to harm the patient, not to give any deadly drug or suggestion to the patient on matters relating to end the life. It is the duty of Physician to abide by the things sworn under the oath. Furthermore few states do not consider Physician Assisted Suicide as a crime; Oregon was the first state to decriminalize Physician Assisted Suicide in 1997.
Classification on consent of Euthanasia:
- Voluntary Euthanasia
In Voluntary Euthanasia the consent is taken by the patient itself for administering the lethal dose of drug or removal of the equipment on which the patient is remaining alive. Voluntary Euthanasia is said to be done at the will of the patient.
- Non Voluntary Euthanasia
In Non Voluntary Euthanasia the consent is taken by near relative of the patient for administering the lethal dose of drug or removal of the equipment on which the patient is remaining alive. Non Voluntary Euthanasia is said to be done on the behalf of near relative as the patient is not in the position to communicate his/her consent. Example, when the patient is in the state of coma.
- Involuntary Euthanasia
In Involuntary Euthanasia an individual disagreed with the consent to die. Involuntary Euthanasia is contrary to the wish of an individual. Involuntary Euthanasia is said to be done against the will of the patient.
Jurisprudential study on Euthanasia:
If we talk about Jurisprudential study on Euthanasia, we have number of views by different philosophers, for some Euthanasia is ethical, for some it was morally incorrect. If we analyze Kant’s view on Euthanasia, so he considered Euthanasia as morally incorrect and wrong. In crux he meant killing is killing and it is wrong irrespective of voluntary, involuntary or assisted, it undermines the personhood and is hostile to the dignity and autonomy of the person to live. Whereas if we talk about Plato, he believed that if there is no probable treatment which can increase the life expectancy in that case physicians should be allowed to refuse the treatment because it ultimately won’t be in the beneficence of an individual, so indirectly Plato favored Euthanasia. Furthermore the disciple of Plato, Aristotle completely condemned Euthanasia and stated either active or passive, Euthanasia is absolutely unreasonable and people who favor Euthanasia or wants end their life through it are coward.
Brighter Side of Euthanasia:
- Relief from ultimate suffering.
- Reduces unnecessary expenditure of appliances which gives the patient artificial breathe
- Appraising patients concern and autonomy.
- Enhancement in accessing the right to die with dignity fully.
- Creating a state free from physical and psychological torment for the patient.
Darker side of Euthanasia:
- Increment in corruption.
- Allowing Euthanasia wholly will lead to decrement in the research process of new cures or treatment.
- Development of malice in physicians.
- Against the religious beliefs which consider Euthanasia contrary to the will of god.
- The practice of performing Euthanasia might not turn in beneficence of the patient.
Indian stance on Euthanasia:
India is a country with diverse religions and beliefs, people over here are struggling for basic amenities, so talking about Euthanasia at first instance was not pertinent. Most of the religions in India consider Euthanasia as a sin or something which is against the will of the god. Even a lot many scholars and associations contemplate Euthanasia as ethically and morally incorrect. Beside all these material facts, after immense debates and arguments India managed to legalize Euthanasia in 2011. Only passive Euthanasia is allowed in India that too after following strict guidelines. Active Euthanasia is punishable in Indian Penal Code, 1860 under section 302 as murder or under section 304 as culpable homicide; same way physician assisted suicide is also punishable under section 306 as abetment to suicide. Whereas in case of Non Voluntary and Involuntary Euthanasia the act of physician has the exemption from any kind of liability or punishment because it comes under the general exceptions defined in the Indian Penal Code, 1860 from section 88 to section 92 as in such case the act of physician is deemed to be done under the beneficence or in good faith of the patient.
Now let us understand the concept of Euthanasia in India more through established case laws.
Aruna Shanbaug v. Union Of India, 2011
This case played a pivotal role in shaping the legal discourse on Euthanasia in India. Aruna shanbaug who worked as a nurse in KEM hospital in Mumbai was in permanent vegetative state from 1973. In 2009 after 36 years, an activist Pinki Vairani filed a petition under Article 32 of the Indian constitution, stating that right to life under Article 21 incorporate right to die with dignity. The contentions of the petitioner were patients who are in permanent vegetative state should granted Euthanasia, alleviating grave sufferings. Considering the material facts the court granted passive Euthanasia subject to specific procedures and guidelines. Also the court gave clarification that the decision of removing the life support system will be made by high court under Article 226.This judgment made a significant change legalizing passive Euthanasia in India, acknowledging the immense pain of the patient
Common Cause v. Union Of India, 2018
The petition brought forward by Common Cause aims to establish the right to die with dignity as a part of the right to live with dignity under Article 21 of the Constitution. It calls for the state to create procedures for individuals with declining health to execute Advance Medical Directives or living wills . The court, referencing past Indian and international cases and also upholding K.S. Puttaswamy & Anr. vs. Union of India & Ors. ((2017) 10 SCC 1), ruled in favor of the right to die with dignity as a fundamental right under Article 21. It emphasized the importance of Advance Medical Directives in protecting autonomy and ensuring dignity in death. The court recognized privacy as crucial for human dignity, freedom, bodily self-determination, and freedom of choice, all of which are fundamental rights. It considered the US decision In Re Quinlan in balancing state interests with privacy, concluding that as opportunities for recovery decrease and bodily integrity violations increase, the right to privacy should increase as well, diminishing state interest.
Conclusion:
By, the following explanation , we can observe how Euthanasia is opposed and supported by people with the evolution in time. Euthanasia is a great step if it is taken in the case of grave illness and severe painful condition, but it can turn out wrong in the case where it is not required that is why strict rules should be always there to determine whether the process of Euthanasia is exercised in a right way or not. Moreover the implementation of Euthanasia should be checked on regular basis and as per the prevailing conditions of the society, addition and subtraction should be made if required.
FAQs
- What does Euthanasia means?
Euthanasia means demise of an individual by injecting or giving lethal dose of drug or by removing the artificial support on which, one is lingered.
- Where was first Euthanasia legalized?
Netherlands and Belgium are the first states to legalize Euthanasia in 2001 and 2002 respectively
- What are the types and consent of Euthanasia?
Active Euthanasia
Passive Euthanasia
Physician assisted suicide
Voluntary Euthanasia
Non Voluntary Euthanasia
Involuntary Euthanasia
- What are the pluses and minuses of Euthanasia?
Pluses
- Relief from ultimate suffering.
- Reduces unnecessary expenditure of appliances which gives the patient artificial breathe
- Appraising patients concern and autonomy.
- Enhancement in accessing the right to die with dignity fully.
- Creating a state free from physical and psychological torment for the patient
Minuses
- Development of malice in physicians.
- Against the religious beliefs which consider Euthanasia contrary to the will of god.
- The practice of performing Euthanasia in all the severe conditions might not turn in beneficence of the patient.
- Increment in corruption.
- Allowing Euthanasia wholly will lead to decrement in the research process of new cures or treatment.
- What is Jurisprudential analysis on Euthanasia?
For some philosophers Euthanasia is ethical, for some it was morally incorrect. If we analyze Kant’s view on Euthanasia, so he considered Euthanasia as morally incorrect and wrong. Whereas Plato favored Euthanasia, but Aristotle, the disciple of Plato completely condemned Euthanasia.
- What is the stand of India in Euthanasia?
In 2011, by the landmark case Aruna Shanbaug v. Union of India Passive Euthanasia was recognized and that too in rarest of rare case. So by that time Euthanasia was legalized in India subject to strict rules and guidelines. On the other hand, Active Euthanasia is punishable in Indian Penal Code, 1860 under section 302 as murder or under section 304 as culpable homicide; same way physician assisted suicide is also punishable under section 306 as abetment to suicide.
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