Abstract
Euthanasia or Mercy Killing or Physician-Assisted Suicide is the most debatable topic in the Indian context. In order to relieve pain and suffering this intentionally ending life is practiced. The present article deals with the meaning of euthanasia and its
legal sanctity in India.
Meaning of Euthanasia
Every individual wanted to lead a good life and also hopes for a dignified death.
When a person's life is end by his own act, in this case, it is called as “suicide” but when a person lives, though on his (deceased) request only end by others, here it is called as “euthanasia” or “mercy killing”. Euthanasia is the word derived from two Greek words ‘eu’ and ‘thanatos’ which means “a good death”. Euthanasia means the act or practice of killing or bringing about the death of a person who suffers from an incurable disease or condition, especially a painful one, for reasons of mercy.*1
Types of Euthanasia
1. Active Euthanasia: It is an act of commission. In this, a person directly and deliberately causes the patient’s death as it is identical to mercy killing and involves taking action to end life such as the use of a high dose of drugs, lethal injection.
2. Passive Euthanasia: In this euthanasia, when the death of a person is caused due to a treatment that is sustaining the life of a patient is held off or brought about by an omission like when someone lets the person die. Example- Life supporting devices are withdrawn from a serious patient.
3. Voluntary Euthanasia: As the name itself suggests, voluntary euthanasia is based upon the patient’s willingness i.e. death of a patient occurs due to the euthanasia is practiced with the expressed desire and consent of the patient.
4. Non-Voluntary Euthanasia: In this euthanasia, someone else is making the decision on behalf of the patient to end his/her life because the patient is not in a condition to respond. This euthanasia includes those cases where a person cannot make their wishes known, like in case the person is in a coma, the person is a child, the person is severely brain-damaged, etc.
5. Involuntary Euthanasia: This is usually called a criminal act of murder and occurs when a patient is killed against his express will i.e. the particular the patient chooses life and is killed.
Legal Status of Euthanasia in India
Euthanasia was illegal in India. The Constitution of India says that the right to die is not a fundamental right under Article 21 which talks about Protection of life and personal liberty- No person shall be deprived of his life or personal liberty except according to procedure established by law*2 and inclusion of right to die under Article 21 would contradict with sec 309 of the Indian Penal Code which states:
Attempt to commit suicide- Whoever attempts to commit suicide and does any act towards the commission of such offence, shall be punished with simple imprisonment for a term which may extend to one year [or with fine, or with both].*3
Right to die whether included in Article 21 or not was first time came for the consideration before the Bombay High Court in the case of State of Maharashtra v. Maruty Sripati Dubal,*4 the court held that the right to life guaranteed by Article 21 includes a right to die, and declared Sec 309 of IPC as unconstitutional.
Similarly, In P. Rathinam v. Union of India,*5 the Supreme Court division bench comprising of Mr. Justice R.M. Sahai and Mr. Justice Hansaria agreeing with the view of Maruty Sripati Dubal case.
In Gian Kaur v. State of Punjab,*6 the Supreme Court, five Judge Constitutional Bench overruled the view held in P. Rathinam’s case.
After Gian Kaur’s case, suicide has become illegal but the same could not be said for euthanasia. Recently, Passive Euthanasia is legalized by the Supreme Court of India on 9th March 2018 after the landmark case of Aruna Ramchandra Shanbaugh v. Union of India,*7 under strict guidelines that patients must be either terminally ill or in a vegetative state.
Conclusion
As per the above discussion, the voluntary euthanasia should also be allowed in India and the guidelines which are given in Aruna Shanbaugh’s case should be taken into consideration to prevent the misuse of euthanasia when any law on that point is framed.
This Article is written by Shikha Singh. She is currently pursuing her B.Com.LL.B. at Banasthali Vidyapith and is in her second year.
References :
1. Black’s Law Dictionary (8th Edition)
2 See Constitution of India, 1950
3 See Indian Penal Code, 1860
4 AIR 1997 SC 411
5 (1994) 3 SCC 394
6 (1996) 2 SCC 648
7 AIR 2011 SC 1290
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