Contentious law Reform: A Therapeutic approach

Euthanasia is simply to be able to die with dignity at a moment when life is devoid of it.

Marya Mannes

Introduction: -

Right to health and proper health care is part of basic human rights without health care or not having life with dignity will be just as mere existence. “Life”, in the article 21 is not merely the physical act of breathing. Right to life having a wider ambit includes right to good health care system as well as the right to have medical assistance when needed. No one should be deprived of these facilities in any situation. The citizen should have the benefit of medical insurance and aid. The Supreme Court relied on the international instrument and finally came to the conclusion that the right to health is fundamental right.[1] Every one want to live their life fullest, but it is not always possible in everyone’s life.

Contentious Health law reform: -

The reason behind this law reform was controversial is that several people were opposing it and several come in favour of this reform. There are number of countries across the globe who has legalised the practice of euthanasia. There are majorly 5 categories of euthanasia

1. Active or Positive
2. Passive or negative
3. Voluntary
4. Involuntary
5. Non-Voluntary

In India the practice of euthanasia is not allowed before the case of Aruna Shan Bhag. Even after this case Euthanasia is not actively allowed, but only in specific circumstance under particular course of action.

Euthanasia is a Greek word which means deliberately killing someone for benefit of that person. Euthanasia is not a new concept as practice of euthanasia is permissible and prevalent in ancient Greece and Rome, however this practice is not supported by every individual of different sphere, and it is because of different religious dogma and faith of the people.

Debate over Euthanasia:-

As constitution guaranties every individual right to live life with human dignity. The people with religious belief and Doctor were highly opposing the legalization of the Euthanasia. The argument made by doctors were that their duty is to protect the life of their patient in any situation to the extent it is possible. Different people coming with different argument and reason that euthanasia should not be legalised in India.[1]

Cases: -

These are the cases which has prime importance in this area Five-judge bench, headed by Justice J. S. Verma, stated that the right to life did not include the right to die, hence overruling the two-judge bench decision in P. Rathinam vs Union of India which struck down section 309 of Indian Penal Code as unconstitutional. Gian Kaur case, the apex court held that Article 21 speaks of life with dignity, and only aspects of life which make it more dignified could be read into this Article, thereby pointing out that the right to die was inconsistent with it.

However, later in Aruna Ramchandra Shanbaug vs Union of India the Supreme Court in March 2011 held that passive euthanasia could be given a nod in case of exceptional circumstances and under strict monitoring of the apex court.

Passive or negative Euthanasia: -

Euthanasia is passive when death is caused because a treatment that is sustaining the life of the patient is held-off and the patient dies as a result thereof. For example, withdrawing life-supporting devices from a serious patient, removing which, the patient dies. In "passive euthanasia" the doctors are not actively killing anyone; they are simply not saving him.

Euthanasia and suicide:-

Euthanasia is something far diverse from suicide, suicide is intentionally or deliberately killing own self under certain pressure or depression. Euthanasia is a mercy killing, the person is killed for their own benefit.[3] In Aruna Shan Bhag case, the patient-petitioner was in a permanent vegetative state for 42 years. Her eyesight was gone because of the attack by the miscreant ward boy who molested her, she can’t talk and move her body, she has been suffering from the very long year. As there is no possibility of her recovering and coming back in quotidian life. Some Activist came in support for the legalisation of the Euthanasia, so that Aruna can get relief from the suffering of past 42 year.

Debate over abortion law:-

Abortion law is also a contentious topic in India and other developing countries also, this right is available to woman in many different countries.[1] Under Article 21 if all have right to life, health and live life with dignity then woman should also provide liberty in this law. Not providing liberty to woman make them suffer even more, as rape victim or other women sufferer were already going through a lot of mental trauma and physical pain.

Abortion law:-

Killing foetus in womb is consider illegal and people consider it as religious sin. But at the same time if we will see rape cases number of girl child who haven’t attained their age of majority get pregnant in this kind cases it is become necessary to make alterations in this law, woman should be provide reproductive right over her body.[1]

Recent amendment: -

Recent amendment has been made in Medical Termination of pregnancy Act, where time limit of termination of pregnancy has been increased from 20 weeks to 24 weeks. Under section 3 of the Medical termination for woman under exceptional condition can abort the foetus.

Conclusion: -

These two law reform was highly in need, although sternness behind the abortion law was because of high practice of abortion of female foetus in past. But this law needs to be liberal in special and specific circumstances. Law is meant to protect and safeguard the right of the individual, with the process of time and situation, the law needs some modification.

The author Pragya Vaishnav is 4th-year law student at Indore Institute of Law

1. CESC Ltd. Vs. Subash Chandra Bose, AIR 1992 SC 573,585.
2. Roy, Caesar, Position of Euthanasia in India – An Analytical study, The Indian Journal of criminology and criminalistics, 07,01,2011
3. Smt. Gian Kaur v State of Punjab,1996 AIR 946, 1996 SCC (2) 648
4. (2011) 4 SCC 454
5. Bhagat Kumara Punam, Sinha Pratish, Abortion law in India: The debate on its legality, international journal of law, volume 4, issue 2, March 2018, page no- 272-276
6. Subramaniam Chitra, India’s new abortion law is progressive and has a human face, 7/03/2020