Euthanasia : Right to die
ABSTRACT
Euthanasia has always been popular and debatable subject in the field of medical science and law. It is one of the most confusing issues which the world is facing today when it comes to the life of a patient with fatal illness and intense pain, who is not in capable state and cannot support life with dignity. Badly handicapped or terminally ill patients are supposed to have the right to choose between life and death. Euthanasia throughout the world has been much debated subject and India entered into this debate since the case of Aruna Ramchandra Shanbaug who was sexually assaulted by a ward boy. The present study provides the case of countries which have execute the legislation for euthanasia . among these countries Netherlands was the first to legalized euthanasia and later was joined by many countries. India also joined these countries and supreme court of India legalized’ Passive Euthanasia ‘ .Various form of euthanasia have been highlighted , the most prominent among them include Active and Passive euthanasia , Voluntary and Non – Voluntary euthanasia .
In this study an attempt is made to examine the arguments in favour and against euthanasia , an account of euthanasia , situation in India and countries respectively .This method used for the analysation of data in the current position in descriptive method.
Keywords : Euthanasia , Legalized , Terminally , Fatal .
TABLE OF CONTENTS
PAGE NUMBERS
Introduction 2 - 3
Legal position of euthanasia in india and other countries 3
Arguments in favour of legalizing euthanasia 3 – 4
Arguments against legalizing euthanasia 4 – 5
Case laws 5 - 6
Suggestion 6
Conclusion 6
References 7
1.INTRODUCTION :
PartⅢ of Indian constitution contains a long list of fundamental rights, and Article 21 is one of the major fundamental rights among them. Article 21 of our Indian constitution deals with the ‘’ Protection of Life and Personal liberty’’.
The Article 21 read as follows :
‘’ No person shall be deprived of his life or personal liberty except according procedure established by law ‘’
The object of fundamental right under Article 21 is to be prevent any restriction by the State to a person upon his personal liberty and deprivation of life except according to procedure established by law. But can the right to life be interpreted to such an extent which leads to its self – destruction ( right to die) ? This is the crucial point where the debate arises.
Where a person by his own act ends his life , we call it suicide but to end life of a person by other on the desire of the deceased is called mercy killing or euthanasia . It means implement such methods and means which will make the death painless and relieve the person from despair and pair of life . There are various types of euthanasia out of which the legal one in India is passive euthanasia .
WHAT IS EUTHANASIA ?
The word euthanasia is derived from the Greek word ‘’ euthanatos’’ which means ‘’well death ‘’ and it is originally referred to international mercy killing . When we define euthanasia in modern times it is limited to the killing of a patient by physician at the request of the patient in order to free him from illness .
DEFINATION :
Black ‘s Law Dictionary ( 8th edition ) referred’s as :
‘’ Euthanasia means the act or practice of killing or bringing about the death of a person who suffers from a fatal disease or condition especially a painful one , for reason of mercy ‘’
So , Euthanasia is the intended choice of the death of a human being on the grounds that in his /her situation it is considered that it is better that he should be dead that he should continue to live .
TYPES OF EUTHANASIA
Voluntary Euthanasia : It is basically related with the right to choice of the extremely sick patient who decide to end his/her life . This type of euthanasia is practiced when the desire and consent of the patient is given .
Involuntary Euthanasia : It is refers to a third party taking a patient’s life without the consent of the patient . It occurs when a patient is killed against his will and under the law this is a criminal act of murder.
Passive Euthanasia : In passive euthanasia , the doctors do not actively kill anyone ; they simply do not save them by refraining from using devices necessary to keep him alive .
Active Euthanasia : It involves painlessly putting patients with fatal illness to death for generous reasons , as when a doctor administers a devastating dose of medicine to a patient .
Keywords: Deprivation, Refraining , Devastating ,Despair .
2. LEGAL POSITION OF EUTHANASIA IN INDIA AND OTHER COUNTRIES :
In Nethelands ,in 2001 it became the 1st nation in the world to legalize euthanasia , often called mercy killing . The Dutch decision to allow physician to kill patients who are undergoing fatal suffering as a result doctors perform mercy killing in regular basis in Netherland .
In Columbia , in May 1997 , the columbia courts allowed for the euthanasia of sick patients who requested to end their lives , similary in Canada patients have the similar rights as in case of U.S. to refuse life – sustaining treatment .
Meanwhile in India before shanbaug case in 1994 , Section 309 of Indian Penal Code was challenged in supreme court . In P. Rathinam v. Union of India , described such trial in one word : ‘’persecution ‘’ . In 1996 , a compelling case of abetment to commit suicide under section 30 of Indian Penal Code came in supreme court . In the trial court , the accussed were criminalized and later on , the High Court passed the sentence. These appeal in supreme court challenged Article 21 for include ‘’right to die’’ as a fundamental right . As a result , Supreme Court declared ‘’ right to life ‘’ under Article 21 does not include the ‘’ right to die ‘’ in Gian Kaur v. State of Punjab but supreme court of India allowed passive euthanasia of retreating life supports to patients in persistently Vegetative State ( PVS) . So , all citizens of India have the ‘’ Right to Live with Dignity ‘’ and could not be forced to end their life , because such actions will be said to approach one to commit suicide .
Keywords : Persistently , Compelling , Sustaining , Persecution .
3. ARGUMENTS IN FAVOUR OF LEGALIZING EUTHANASIA :
Euthanasia is a way of ending a person ‘s life who has been suffering from fatal pain or depraved death and various countries have legalised it . The debate with reference to ethunasia has been going on since very long time but recently ethunasia gained enormous importance after the landmark jugdement passed by the Indian Court in Aruna’s case it has been cleared that passive ethunasia is now allowed in India but still there is some uncertainty with regard to ethunasia . The various arguments for legalizing euthanasia given by the supporters of euthanansia are :
MORAL OBJECTIVES : When all hopes is lost it is morally incorrect to keep a person fighting for no cause. The sufferers and the kinship go through mental strain for a long period of time . The society is compelled to acknowledge the rights of person and to respect those who elect euthanasia .
INDIVIDUAL’S RIGHTS TO EXERCISE HIS CHOICE : One wanting to live or die is a personal decision . Every has his /her own rights over their body . When the birth of an individual is not questioned by anyone naturally death as well should not be a part of discussion . A painless death is better than painfull life . The increase in patients of Cancer , AIDs and other alarming and impossible cure disease has stimulated a world – wide need of euthanasia or mercy killing . Especially in the final stage of such disease which are cureless the want of euthanasia is justified .
REFUSING CARE : In law right to refuse medical treatment is very well recognized . For example : If a person is suffering from blood cancer can refuse his treatment or disallow feeds through medical tubes, hence it concluded as right to die should be a right of person to get rid of painfull life .
RIGHT TO DIE : Many patients in a constant vegetative state or else in fatal illness , do not want to be burden on their family members. Euthanasia can be considered as a way to substain the ‘Right to Life ‘ by honouring ‘’Right to Die ‘’ with dignity.
These above mentioned argument for legalized euthanasia helps to improve the condition of patients , who fights from uncure diseses so it’s all depends on them to make choices between life and death .
Keywords : Depraved , Uncure , Stimulated .
4. ARGUMENTS AGAINTS LEGALIZING EUTHANASIA :
Many researches have acknowledged that terminally ill patients requesting euthanasia but instead of it , doctors must be consoling them and give strength to fight back . Here are some reasons against legalizing euthanasia :
The human life is a gift of god and taking of life is wrong and immoral human beings cannot be given the right to play a part of God . Thus , euthanasia devalues the human life.
It is totally against the morals , ethics and public policy . Medical ethics call for nursing , care giving and healing and not ending the life of patient . In the present time , medical science is advancing at a great pace. Thus instead of incouraging a patient to end his life , the medical practitioners should encourage the patients to lead their painful life with strength which could be moral as well as physical .
It has a slippery slope effect , for example firstly it can be legalized only for terminally ill people but later on laws can be changed and then it may allow only for non – voluntary or involuntary .
When suicide is not allowed then euthanasia should also not be allowed . A person commits suicide when he goes into a state of depression and has hope from the life . Similar is the situation when a person asks for euthanasia . But such tendency can be lessoned by proper care of such patients and showing hope in them .
Miracles do happen in our society especially when it is a matter of life and death , there are examples of patients coming out of coma after years and we should not forget human life is all about hope.
Thus , legalized euthanasia is not only a way to get relief from uncure disease , it’s all about are mental strength .We all are faces challenges in life it is a process of life so never get disappointed .
Keywords : Consoling , Non – Voluntary , Incourage , Devalues .
5. CASE LAWS :
The question whether the right to die is included under Article 21 of the Indian constitution came for consideration for the time before the Bombay High Court in State of Maharashtra v. Maruty Sripati Dubal 1. The Bombay High Court held that Article 21 that gurantees the right to life includes a rights to die and therefore the court struck down section 309 of IPC as unconstitutional . The HC held that everyone , when he desires , should have the freedom to dispose of his life .
On other hands , the Andhra Pradesh High Court in Chenna Jagadeshwar v. State of A.P 2 held that Section 309 of IPC is not unconstitutional hence the right to die is not a fundamental right within the meaning of Article 21.
In P. Rathinam v. Union of India 3 a bench of the supreme court agreed with the view of Bombay High Court in Maruti Sripati Dubal case and held that a person has a right to die and declared section 309 unconstitutional .
In Gian kaur v.State of Punjab 4 a five judge bench of the Supreme Court overruled the P.Rathinam ‘s case and held that ‘’right to life ‘’ in Article 21 does not include ‘’right to die ‘’ .Right to life is a natural life life embodied under Article 21 but suicide is an unnatural ending of life and is inconsistent under Article 21 with the concept of right to life .
However , this case supports the passive euthanasia by claming that one may have ‘’ the right to die ‘’ with the dignity as a part of ‘’right to life ‘’ with dignity .
On the subject of euthanasia in Aruna Ramchandra Shanbaugh V. Union of India 5 a writ petition was filed with a prayer for direction to the respondent to stop sustain and let Aruna to die peacefully . The Supreme Court in his decision laid down the law of passive euthanasia to continue till the law made by parliament on the subject , as follows :
‘’ A decision has to be taken to discontinue life support either by parents or the spouse or other close relatives , or in the absence of any of them , such a decision can be taken by a person acting as a next friend . It can also be taken by the physician attending the patient . However , the decision should be taken bona fide in the best interest of the patient ‘’.
Citation of cases :
AIR 1987 Cr L J 549
AIR 1988 Cr L J 549
AIR 1994 3 SCC 394
AIR 1996 2 SCC 648
( 2011) 4 SCC 454
Keywords : Bonafide , Embodied , Struck , Overruled , Absence , Inconsistent .
6.SUGGESTIONS :
Here are some suggestions needed that could bring in focus the proper use of euthanasia :
The patient who are suffering from fatal illness shall be provided with financial support so that they could no longer be burden on their family and relatives .
Doctors should be given training about the use of latest medical science and technology which could determine course of decision while meeting with such patients .
Strong relationship between Doctors and patient is essential which could build ethical and moral values among physicians and they could do every possible effort to save the life of a patient suffering from intense pain .
Proper safeguards must be taken to avoid abuse of it by the doctors . Every case will have to be carefully monitored and should be considered from the point of view of the patient .
Thus , Euthanasia could be legalized , but the laws would have to be very stringent. Therefore patients should have freedom to choose between life and death .
7.CONCLUSION :
Euthanasia is now an alarming issues in the present era where we have both the class firstly who supports it and on the contrary those who objects its implementation .But the need is to open the gates of moral and ethical values which could create a friendly environment to the patients who are suffering from acute pain or who are in a fatal state . Government should take a step and strict guidelines should be formulated to practice euthanasia when there it is legalized . After the landmark case , Supreme Court of India legalized euthanasia where it is believed that end of unbearable suffering has no prospect of improvement . Thus , euthanasia is a moral medical procedure that should be legalized by all countries especially ,India .
Keywords : Unbearable , Formulated , Alarming .
REFRENCES :
Tivirmuvide.medium.com
en.m.wikipedia.org
http;//www.ndtv.com/article/india
The Constitutional Law of India – J.N Pandey ( 45th Edition ) – Page no . 224
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