INTRODUCTION

Euthanasia, also known as assisted suicide or mercy killing, refers to the act of intentionally ending a person’s life to relieve their suffering. The right to die with dignity is often associated with the idea that individuals should have the autonomy to make decisions about their own lives, including the timing and manner of their death, especially when faced with terminal illnesses or unbearable suffering.

Proponents of euthanasia and the right to die with dignity argue for several reasons:

  1. Autonomy and Personal Choice: Advocates believe that individuals have the right to make decisions about their own lives, including when and how they die. This autonomy is seen as a fundamental human right.
  2. Relief from Suffering: Euthanasia is often considered a compassionate choice to end the suffering of individuals who are terminally ill or experiencing unbearable pain that cannot be effectively alleviated through medical treatment.
  3. Quality of Life: Supporters argue that the emphasis should be on the quality, rather than the length, of life. Allowing individuals to choose the timing of their death can be seen as a way to preserve their dignity and avoid a prolonged period of suffering.
  4. Medical Resources: Permitting euthanasia can also be viewed as a way to allocate medical resources more efficiently, especially when individuals are in the advanced stages of incurable diseases.

However, there are also strong arguments against euthanasia:

  1. Sanctity of Life: Opponents often argue that life is sacred and that intentionally ending it is morally and ethically wrong. Many religious and cultural traditions emphasize the sanctity of human life.
  2. Slippery Slope: Critics express concern about the potential for a “slippery slope,” where the acceptance of euthanasia could lead to abuse and the devaluation of human life, especially among vulnerable populations.
  3. Medical Ethics: Some argue that physicians must preserve life and alleviate suffering through palliative care rather than assisting in ending a patient’s life.
  4. Alternatives: Critics contend that there are alternative approaches, such as improving palliative care and pain management, that can address the concerns of individuals facing terminal illnesses without resorting to euthanasia.

Euthanasia can be categorized into several types based on the nature of the act and the level of involvement of different parties. The main types of euthanasia include:

  1. Voluntary Euthanasia:
    • Active Voluntary Euthanasia: This involves a deliberate action to end the life of a person, with their explicit and voluntary consent. This may include administering a lethal dose of medication.
    • Passive Voluntary Euthanasia: In this case, life-sustaining treatment is withheld or withdrawn with the explicit consent of the patient, leading to their death. This can include the removal of a ventilator or discontinuation of other forms of life support.
  2. Non-Voluntary Euthanasia:
    • Active Non-Voluntary Euthanasia: This occurs when a person’s life is intentionally ended without their explicit consent. This situation may arise when the individual is unable to communicate their wishes, such as in the case of a comatose patient.
    • Passive Non-Voluntary Euthanasia: This involves withholding or withdrawing life-sustaining treatment from a person who is unable to provide consent.
  3. Involuntary Euthanasia:
    • Active Involuntary Euthanasia: This is the intentional ending of a person’s life against their will or without their knowledge.
    • Passive Involuntary Euthanasia: Involves withholding or withdrawing life-sustaining treatment without the consent of the person.
  4. Physician-Assisted Suicide (PAS):
    • In physician-assisted suicide, a medical professional provides the means or information to enable a patient to end their own life. The patient takes an active role in the process, typically by self-administering a lethal dose of medication.
  5. Assisted Dying:
    • This is a broader term that can include both euthanasia and physician-assisted suicide. It encompasses situations where someone assists another person in bringing about their death, either through an action or by providing the means.

Current status of euthanasia in India

As of my last knowledge update in January 2022, euthanasia in India, also known as “passive euthanasia” or “mercy killing,” has seen significant legal developments. The Supreme Court of India, in a landmark judgment in March 2018, recognized the right to die with dignity as a fundamental right under Article 21 of the Constitution. The judgment allowed individuals to draft “living wills” specifying that they should not be kept on life support if in a vegetative state with no hope of recovery.

Key points regarding the current status of euthanasia in India as of my last update are:

  1. Living Will and Passive Euthanasia:
    • The Supreme Court’s decision allows individuals to create advance directives or “living wills” that state their preferences regarding medical treatment if they are in a condition where recovery is not possible.
    • Passive euthanasia, where life-sustaining treatment is withheld or withdrawn, can be carried out based on the principles laid out in the living will.
  2. Conditions and Safeguards:
    • The court has outlined specific conditions and safeguards to prevent misuse of the provisions related to passive euthanasia. These include the necessity of the living will to be in writing, witnessed, and signed by the person expressing their wishes.
  3. Role of Medical Board:
    • In cases where a patient is unable to express their wishes, a medical board is often constituted to review the situation and make a decision in the best interest of the patient.
  4. Criminalization of Active Euthanasia:
    • While passive euthanasia and living will have gained legal recognition, active euthanasia (intentional administration of lethal substances to cause a person’s death) remains illegal and is considered a criminal offense in India.

Leave a Reply

Your email address will not be published. Required fields are marked *

This field is required.

This field is required.

Disclaimer

The following disclaimer governs the use of this website (“Website”) and the services provided by the Law offices of Kr. Vivek Tanwar Advocate & Associates in accordance with the laws of India. By accessing or using this Website, you acknowledge and agree to the terms and conditions stated in this disclaimer.

The information provided on this Website is for general informational purposes only and should not be considered as legal advice or relied upon as such. The content of this Website is not intended to create, and receipt of it does not constitute, an attorney-client relationship between you and the Law Firm. Any reliance on the information provided on this Website is done at your own risk.

The Law Firm makes no representations or warranties of any kind, express or implied, regarding the accuracy, completeness, reliability, or suitability of the information contained on this Website.

The Law Firm disclaims all liability for any errors or omissions in the content of this Website or for any actions taken in reliance on the information provided herein. The information contained in this website, should not be construed as an act of solicitation of work or advertisement in any manner.