LEGALIZATION OF ASSISTED SUICIDE AND EUTHANASIA IN INDIA
Apr. 06, 2020 • Apurva Bhutani
INTRODUCTION:
Assisted Suicide or Euthanasia is still considered illegal in many countries and states. Although those countries which have legalized it have various laws and safeguards in respect of preventing the misuse of such practices.
Euthanasia is basically defined as an act by the physician in which a person who is suffering from any incurable or painful disease was put to death on his/her request by administering them with lethal substances. On the other hand, Assisted suicide is also known as the Assisted dying in which one person aids other person who voluntarily aims at committing suicide.
A person who is willing to commit suicide with the aid of physician by taking lethal prescription is termed as Physician assisted suicide.
In India when one person instigate other to commit suicide is offensive under Sec. 305 and 306 of Indian Penal Code, 1860.
HISTORICAL BACKGROUND:
Right to life is a fundamental right which is provided under Article 21 of the Indian constitution. Which reads as,
“No person shall be deprived of his life or personal liberty except according to the procedure established by law"
This article conferred an obligation, which ensures good quality of life and right to live with human dignity to its people but when the life of a normal person becomes unbearable and painful then he starts desiring for death. Death is defined as the end of one’s own life, death can be natural or artificial.
In unnatural death one person voluntarily terminates his life. Assisted dying and Euthanasia is the part of unnatural death. It has been in practice from early medieval times which involves practices like, Sati, Johar, Samadhi, etc.
From the Ancient times, voluntarily embracing death is justified as per the Indian philosophical traditions. According to the history of India many God and Goddesses attained voluntary death. Hindu mythology tells about how Lord Rama and his brother took ‘Jal Samadhi'. It also tells about how Lord Mahaveer attained death. The topic has always been in dispute many communities support it while others oppose these mythologies.
Jainism believes that embracing death by fasting can lead them on the way of attaining ‘moksha'. While religion like Muslim and Christian believes that life is a gift of God and no human can interfere in it.
Advantages of legalizing Assisted dying and Euthanasia
- By legalizing Assisted suicide one can end the painful and unbearable life of a person. Forcing people against their will is inhuman and wrong.
- One can provide relief to the family members of the dying patient from unconditional emotional and economical stress.
- Indian constitution has conferred right of life and personal liberty which allows as to choose whether to live or to die. A person can control over his own body.
- It can free up the health and medical care resources to help the person who is terminally ill and need their assistance.
- It can also help the dying patient to end his life with dignity and does not mean it lack care and compassion on the part of physician.
Consequences of legalizing Assisted dying and Euthanasia
- Legalization of Assisted suicide and Euthanasia will have the value of the ideas that human life is precious.
- Physicians thinks that killing patient is against the purpose i.e, healing people and saving their lives.
- If voluntary or mercy killing is allowed then it will become a threat to the country because people start having their lives terminated because of their personal reasons other than their health.
- Legalization of Assisted suicide does not guarantee that the medication given by the physician will always work.
- Sometimes the concept of palliative care ignored, it has been seen that it is offered to those patients who have a potentially curable disease which is disadvantageous where there is a possibility of recovery.
- Some physicians lies about the seriousness of the disease knowing that the individual will not take the advantage of physician assisted suicide.
Current status of Assisted dying and Euthanasia in India
In India passive Euthanasia is legal under certain exceptional conditions. The debate on the need of changing laws relating to Assisted dying and Euthanasia was first triggered by the case of Aruna Shanbaug.
Aruna Shanbaug was a nurse who was left in the vegetative state after the sexual assault that had happened to her in the hospital where she worked. In 2009 Pinki Virani, a journalist and social activist filed a case before Hon’ble SC asking for the allowance of death to Shanbaug.
Later in March 2011, the court rejecting the plea opposed the recognition of living will. However, the court issued some guidelines regarding the legalization of passive Euthanasia in India.
In the case of Aruna Shanbaug legalization of Passive Euthanasia was allowed but no legal recognition is provided to ‘living will'.
However, later in the case Common cause V. Union of India & Anr, on 9th March 2018, it was held that right to die with dignity is the fundamental right. An order validating Passive Euthanasia was passed by a five Judge bench headed by Chief Justice of India Deepak Mishra along with Justice D.Y Chandrachud, Justice AK Sikri, A.M Khanvilkar and Ashok Bhushan. Also some guidelines were issued in regard with the recognition of ‘living will’ by terminally ill patients.
The word ‘living will' is defined as the written document by which a patient gives instructions related to the medical treatment to be given to him when he/she becomes terminally ill are not able to give their implied consent.
Prashant Bhushan, the lawyer argued that when the patient has reached the stage from which it is impossible to cure. In such a case the patient should possess the right to deny the artificial support and with the help of physician can terminate their life.
Justice D.Y Chandrachud in this case held that,
“ Life and death are inseparable. Every moment our bodies undergo change. Life is not disconnected from death. Dying is the part of process of living.”
[The author, Amisha Jain is a 3rd year law student at Teerthanker Mahaveer University, Moradabad (U.P)]
- (2011) 4 SCC 454
- (2018) 5 SCC
- www.legalpedia.co.in
- www.lawtimesjournal.in
- www.Legalbites.in