Euthanasia refers to some active steps taken to end someone's life to stop their further pain and suffering. In this, the process is performed by some third party, for example, a doctor. The doctor or any third party administers the lethal dose.
Assisted suicide is similar to Euthanasia except that the process of ending life is done by the person himself.
Now, Euthanasia can be active and passive. Active Euthanasia involves the use of certain forces or lethal substances to kill a person while Passive Euthanasia involves the withholding of medical treatment that is necessary for the continuance of life like taking the person off the ventilator.
Legalization of Euthanasia is still a debatable issue in many countries. While some of the countries have already legalized both Active and Passive Euthanasia and Physician-Assisted Suicide with or without certain restrictions.
The arguments against the legalization of Euthanasia and Physician-Assisted Suicide give stress or emphasis on its being morally wrong. Most of the people are of the view that no person should have the right to end his/her own or someone else's life. Hastening of death is against human nature and this leads to the degradation of humanity.
Let's have a look at the current scenario of the legalization of Euthanasia and Physician-Assisted Suicide in different countries.[1]
Switzerland
Physician-Assisted Suicide: Legal
Age requirement: none specified
Required diagnosis: none
Symptom state: none
Netherlands
Euthanasia: Legal
Physician-Assisted Suicide: Legal
Age requirement: 12
Required diagnosis: none
Symptom state: Unbearable suffering with no prospect of improvement
Belgium
Euthanasia: Legal
Physician-Assisted suicide: legal
Required diagnosis: none
Age requirement: None adults, terminal children
Symptom state: Medically futile condition with unbearable mental or physical suffering
Luxembourg
Euthanasia: Legal
Physician-Assisted suicide: legal
Age requirement: 18
Required diagnosis: None
Symptom state: Incurable condition with constant unbearable suffering and no prospect of improvement
Canada
Euthanasia: Legal
Physician-Assisted Suicide: Legal
Age requirement: 18
Required diagnosis: None
Symptom State: Grievous and irremediable medical condition with enduring and unbearable suffering
Colombia
Euthanasia: Legal
Physician-Assisted Suicide: Legal
Age requirement: 6
Symptom state: terminal phase of a disease
Assisted Suicide is more widely spread than Euthanasia in Switzerland, Washington, California, Colorado, Hawaii, New Jersey, Oregon. However, In Switzerland, it is an offense to assist a suicide if it is done with a selfish motive.
Euthanasia in India
The legal status of Euthanasia and Physician-Assisted Suicide(PAS) is dealt with under the Indian Penal Code. According to IPC, 1860, active Euthanasia is an offense under section 302 (punishment for murder) or at least under section 304 (punishment for culpable homicide not amounting to murder). PAS would fall under section 306 that is abetment of suicide.
The Indian Supreme Court, has, however, legalized passive Euthanasia on March 9, 2018, under some strict guidelines. The patient must be terminally ill or in Persistent Vegetative State. This decision was taken concerning the famous case of Aruna Shanbaug.
Aruna Shanbaug was a nurse who worked at King Edward Memorial Hospital, Mumbai. On 27 November 1973 she was strangled with a dog chain by a ward boy of the same hospital and deprivation of oxygen to her brain left her in a vegetative state ever since. She was being treated in KEM since the incident and later she died from pneumonia on 18th May 2015 after being in a coma for 42 years.
Recently, a Mumbai based couple asked for President Ram Nath Kovind's nod for assisted suicide. Neither Narayan nor Iravati Lavate had any ailment, the couple said that they wish for assisted suicide was driven by the satisfaction of having lived a happy life. The petitioners urged that it was unfair to compel them to wait till some serious ailments befall on them. Besides, they said that if there is a right to life, there should be a right to die.
However, in the case of Gian Kaur V. State of Punjab which overruled the decision in the case of P. Rathinam V. Union of India, it was held that the right to die could not be included in Article 21. Also, in the case of Aruna Shanbaug, the Supreme Court rejected the plea for Euthanasia filed by her friend Pinki Virani.
Why Active Euthanasia is a problem in India?
The varied culture and religion that is spread throughout the country state different principles. Some of those are listed below:
According to Hinduism, if a person commits suicide he/she neither goes to hell nor heaven but remains on earth as a bad spirit unless it completes the allotted lifespan.
According to Islam, Euthanasia or mercy killing is forbidden and is considered as a major sin.
According to the theology of the Catholic Church, death by suicide is considered a grave or serious sin and that life is god's property and nobody else has the right to destroy it.
The Sikhs believe that their gurus rejected suicide as nobody has the right to give or take life.
Thus Indian population which is majorly composed by the followers of these principle religions won't support the legalization of Active Euthanasia.
By- Kaushiki Mishra, 1st year student from Galgotia University, Noida and currently she is pursuing B.A.LL.B.
----------------------------------------------------------------------------------------------------------------------------------------
REFERENCE:
0 Comments