Abstract :
This article explores euthanasia and the right to die with dignity in the context of India. It begins with an exploration of the definition and types of euthanasia, including passive, active, voluntary, non-voluntary, and involuntary euthanasia. The concept of the right to die with dignity is then discussed, emphasizing an individual’s autonomy to make decisions about their life, even in the face of approaching death. The paper highlights the recognition of the right to die with dignity as a fundamental right under Article 21 of the Indian Constitution. The current legal status of euthanasia in India is examined, with passive euthanasia being allowed under specific conditions. This article concludes with the recognition that euthanasia remains an evolving area of law, demanding comprehensive discussions to strike a balance between individual rights and societal interests.
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Introduction:
Euthanasia, commonly referred to as “mercy killing” or “assisted dying,” is the intentional taking of a life to stop their suffering. Euthanasia has many different kinds of forms, including passive, active, and voluntary euthanasia, each of which has its own set of ethical implications. Euthanasia and the right to die are related concepts that contend that people are fundamentally free to choose how they live their lives, even in the face of approaching death.
Definition of euthanasia:
Euthanasia is the intentional act of ending a person’s life painlessly and mercifully, typically with the assistance of a medical professional, in order to relieve unbearable suffering caused by a terminal illness or an irreversible condition. Euthanasia is sometimes carried out by doctors at the request of patients who are suffering greatly from a terminal illness.
Types of euthanasia:
There are several types of euthanasia
- Voluntary Euthanasia (with Patients’ Consent): Patients’ consent is obtained before euthanasia is carried out. Some nations, like as Belgium, the Netherlands, etc., have legalized it.
- Non voluntary Euthanasia: When a patient is unable to give their consent (for instance, if they are severely brain-damaged or in a state of coma), another person must make the decision on their behalf. This is frequently the case because the patient had previously expressed a desire to end their life in these situations.
- Involuntary Euthanasia (conducted without the patient’s consent or against their will): Euthanasia carried out against the patient’s will is referred to as involuntary euthanasia. It’s also considered to be murder.
- Active euthanasia: It is when someone purposefully intervenes to end another person’s life by using harmful methods or chemicals.
- Passive Euthanasia: When a person intentionally causes their own death by refusing or stopping life-sustaining therapy, this practice is known as passive euthanasia.
Concept of right to die
An individual’s right to make autonomous decisions about their own life, including the choice to end it in some situations, while maintaining their dignity and autonomy, is referred to as the right to die with dignity. It has a lot in common with the more general idea of the right to die, which holds that everyone has the right to decide when and how to end their lives, especially in cases of terminal disease or intolerable pain. The right to a dignified death has been acknowledged as a basic right in the Indian Constitution under Article 21. The fundamental rights to life and personal freedom are guaranteed by Article 21 of the Indian Constitution. In its historic decision in the 2018 case of Common Cause v. Union of India, the Supreme Court of India construed this right to life to include the right to pass away with dignity. Passive euthanasia and the legality of living wills are the two main aspects of India’s acceptance of the right to die with dignity. Withholding or withdrawing life-sustaining medical care or interventions, such as in cases of terminal illness with no chance of recovery, constitutes passive euthanasia.
Historical perspective
The history of euthanasia in India is marked by a series of significant legal and ethical developments. Euthanasia, or the right to die with dignity, has been a subject of debate and consideration in Indian society and its legal system. In the 1996 case Gian Kaur v. State of Punjab. According to the ruling, Article 21 ensures the right to live, which conflicts with the right to die. The right to dignity extends not only to life itself, but also to the right to live. It excludes the end of life in an unnatural way.
Aruna Ramchandra Shanbaug v. Union of India (2011) is the case in question.
Aruna was a staff nurse when a clinic sweeper sexually assaulted and strangled her. Because of the strangling, her brain’s oxygen flow was cut off, which led to brain damage. She afterwards entered a persistent vegetative condition, and her subsequent friend, Ms. Pinki Virani, petitioned for her euthanasia under Article 32 to end her suffering. If the right to die was covered by Article 21 was the main question brought up. Finally, the Court determined that passive euthanasia is permissible in the absence of legislation. It also offered some recommendations on this subject. However, until the legislature came up with appropriate legislation, active euthanasia was totally outlawed. Active euthanasia would be illegal until that time under Section 302 of the IPC, or at the very least Section 304.
The instructions were as follows:
- The patient’s parents, spouse, or other close relatives must decide whether to stop providing life support for the patient. If none of them were available, the choice may be made by an individual or group acting in the role of the “next friend.” The medical professionals treating the patient could also take it. However, it should be remembered that the choice should be made with the patient’s best interests in mind and with good intention.
- The relevant High Court must approve the ruling.
- The court invoked the Parens Patriae principle, which states that the state has the inherent right and authority to protect those people who are legally unable to safeguard their own interests, in order to avoid the abuse of this provision. As a result, in order to apply for passive euthanasia, the Chief Justice of the High Court must create a bench of two justices who would decide based on the recommendation of a panel of three expert doctors that the Bench itself would appoint.
The case of Common Cause v. the Union of India (1999) finally established the current state of euthanasia in India. In this instance, the appellant had submitted a writ petition arguing that Article 21’s right to life must include the right to pass away with dignity. It was suggested that the government needed to make sure that terminally sick persons had the freedom to draught a “living will” that could be sent to the hospital where they are admitted at the proper moment in the future. In lieu of this, the government may also establish the necessary regulations and appoint a panel of experts, including medical professionals, social scientists, and attorneys, to study “living wills.”
Due to “the low level of ethical standards to which our society has descended, its raw and pervasive commercialization, and the rampant corruption,” according to the Court, the topic was delicate. In order to properly answer, all relevant legal, medical, and constitutional considerations must be taken into account.
Current status of euthanasia in India
Passive euthanasia is legalized.
Conclusion
It is important to remember that legalizing euthanasia could have unintended consequences because there is always a chance for abuse and corruption. Nevertheless, enacting sound and appropriate laws is the only remedy for this. Courts have aided by providing rules in specific circumstances. Euthanasia legalization is therefore still an evolving law that requires extensive discussion in order to protect citizens’ rights and strike a balance between the interests of the state and society and theirs.
Author – P. Suvarna Durga
Student – BBA.LL.B – Sastra Deemed to be University
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