THE STRUGGLE FOR EUTHANASIA IN INDIA

LI Research

Introduction

Every individual generally perceives to live his life to the best of his ability. Although, there are various instances when the same individual wants to end his life due to such pathetic conditions of illness which cannot be cured. Such ending of life can be done either by euthanasia, or by suicide. The former has been in debate since long and latter is completely illegal in India.

The term ‘Euthanasia’ has been derived from the Greek words and its literal interpretation is “good faith”. This term was first coined by C. Killick Millard, who founded a society known as Euthanasia society which was working for legalizing euthanasia.

Euthanasia has been a topic of great disarray since its very conceptualization. Where many other countries have in some or the other way drawn a conclusion regarding its legalization and subsequent practice, India still remains skeptic.

Distinction between Suicide & Euthanasia

When any individual does some act to terminate his own life due to any reason or circumstances, such act done by him is refereed as “suicide[1].

However, terminating life of any individual by the request of such deceased individual is referred as “euthanasia or mercy killing”.

The euthanasia is usually done to provide a merciful death to the victim and release him from the circumstances of intolerable suffering, incurable disease and from the pain and misery of his life.

Classification of Euthanasia

Euthanasia can be classified further based upon the consent and procedure. The classification by procedure includes active & passive euthanasia.

However, classification by consent includes voluntary & non voluntary euthanasia. These four classification can be understood as follows:

  • Active euthanasia: In active euthanasia, victim’s death takes place as a consequence to the deliberate act done by doctor or any other individual. Such acts include overdose of medicine, dosage of lethal drugs etc. which turns out to be harmful for the body and results in death of victim.
  • Passive euthanasia: In passive euthanasia, victim’s death takes place when the life-support system is either not available or is held off. The doctors in such cases either stops performing necessary acts or providing necessary medications towards the victim which leads to the death of such victim. Such acts include switching off medical systems, removing connection of feeding tube and non-performance of operations which can be life extending. The doctors in the cases of passive euthanasia are not killing anyone, they just do not try to save the victim.[2]
  • Voluntary euthanasia: In voluntary euthanasia, the patient provides appropriate consent and desire. Such patient shall be suffering from any disease which is incurable and therefore, wants to end his/her life.
  • Non Voluntary: In non- voluntary euthanasia, life of any individual who is not mentally competent to make any request or decision to die is ended. Usually such individuals are in state of comatose and do not leave any sort of living will and decisions regarding them are taken by their family members[3].

Legal framework Concerning Euthanasia

There is no specific law regarding Euthanasia in India. In majority of cases relating to euthanasia or mercy killing, the doctor’s intention towards killing that patient is given emphasis and charges of murder as per section 300(1) of IPC is applied against such doctor.

However, if the lawful consent of departed individual is proved, 5th exception of the same section will eventually be engrossed[4].

Such doctor or any mercy killer will be punishable u/s 304 of IPC for the act of culpable homicide, not amounting to murder. However, if consent to death by the individual is not proved, section 92 of the IPC dealing with “Medical Negligence” shall be applied while deciding the case.

On the year 2018, the Supreme Court legalized the Passive Euthanasia through removal of life-support system of the individual whose state is vegetative. However, active euthanasia is still considered illegal in India.

Indian Cases Related to Euthanasia

There have been various instances when the Indian Courts have dealt with the concept of euthanasia such as:

In the case of Gian Kaur Vs State of Punjab[5], it was held that the ‘right to life’ enshrined within the Indian Constitution does not include ‘right to die’ as well within its ambit. And it cannot it be stretched to assume the same.

The case of Aruna Ramchandra Shanbaug Vs Union of India[6] laid the foundation stone towards validating the passive euthanasia in India. The court held that if passive euthanasia is being done in the extraordinary situations where the illness is not curable and individual is in vegetative state. However, the court specifically held active euthanasia as illegal.

Finally, in the case of Common Cause Vs Union of India[7], the Supreme court of India legalized the passive euthanasia and “right to die with dignity” was included within the purview of fundamental rights.

The court held that medical treatment can be refused by any individual based upon his health conditions and he may express his willingness to die a natural death rather than taking medical treatments.

Law Commission & Euthanasia

The Law commission has made various recommendations concerning euthanasia and has given specific emphasis towards providing right to the “Competent Patient” for refusing medical treatment if he is suffering from deadly illness which cannot be cured. The doctor is supposed to be assured that such patient has been endorsed the decision.

The commission has also proposed that the doctor should gain opinion from at least 3 skilled medical practitioners regarding the condition of patient prior to withdrawal of such treatment.

The commission has prescribed a specific register which is supposed to be maintained by the doctor who recommend euthanasia cases. Every stage from decision making to conclusion shall be mentioned in that register.

The 241st report of Law Commission proposed a draft bill dealing with the concept of living will & passive euthanasia. The living will shall be a deed within which any individual can deny the extraordinary life extending measures if the recovery from the disease from which he is suffering is impossible.

The MCI (Medical Council of India) will be playing an active part in formulating and issuing strategies for those indulged in medical field regarding the withdrawal of extraordinary life extending treatment of any patient whose treatment is nearly impossible and illness is terminal.[8]

Conclusion

As for the present situation, passive euthanasia, that includes stopping all sorts of medical aid being provided to the patient; is permitted, but active euthanasia that includes giving drugs or using any techniques that actually cause the death of the patient; is still not permitted.

This, however seems to be “not helping” as far as the people believe. The whole concept of euthanasia is to help relieve the person of all the pain and suffering that he is going through because of whatever irrecoverable disease he is experiencing.

The decision of practicing passive euthanasia, seems nowhere close to achieving this very objective; as desisting the patient of all the medical aid being provided to him and leaving him to further suffer even more intensely, making the suffering reach to a height where he subsequently succumbs to death; seems inhuman in many ways.

Even after many appeals, the Indian legal system appears to be sticking on to this very decision

There are selected cases which have been brought before the court, there might be innumerous cases of this sort arising wherein, “to die” is the only available better choice for the patient. If “to live” is a right widely propagated, then apparently “to die” should also be a right equally provided to the people.

People should be given an opportunity to end their lives as and when it is suitable and fulfills a certain criterion as prepared by medical professionals.

Reference-

  1. 2020. All About Euthanasia in India’.
  2. Aruna Ramchandra Shanbaug v. Union of India, 2011(3) SCALE 298; MANU/SC/0176/2011
  3. Ayush Verma, A., 2020. Euthanasia in India.
  4. Gazala Parveen, 2020. Euthanasia.
  5. 1996 AIR 946
  6. (2011) 4 SCC 454
  7. Writ Petition (CIVIL) No. 215 OF 2005
  8. Rebbeca Furtado, R., 2020. Euthanasia 

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