THE RIGHT TO DIE: UNDERSTANDING OF EUTHANASIA
Category: ARTICLE
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Some think itâs a personal choice, while others believe it goes against what doctors stand for. Doctors who specialize in the mind play a key role in deciding if someone is thinking clearly when they ask to end their life. While itâs not allowed in India, some people support the idea. A recent court decision has given hope for change. What happens next is unpredictable.
KEY WORDS
Euthanasia, Right to die, Constitutional validity,
INTRODUCTIONÂ
Euthanasia is a very debatable matter in India. It is when a patient with a serious illness or extreme suffering chooses to stop their life, with the help of doctors or loved one. Itâs meant to end their pain and suffering, but here also raises various questions about who has the right to take decision when and how someoneâs life should end. While suicide is illegal in India, euthanasia is a very vast area, and creates debates about mercy, autonomy and the value of life.
CLASSIFICATION
Active euthanasia :In the case of active euthanasia doctor gives a medicine to a patient that will end their life because they are suffering from a very serious illness and facing lots of pain. Itâs like helping someone to end their life peacefully, instead of letting them suffer from long period of time. Itâs a very debatable topic.
Example: injecting a patient with a lethal dose of a drug.Â
Passive euthanasia: In the case of passive euthanasia doctors stop providing proper treatment that is keeping them alive, for example ventilation or medication and permit them to die naturally. It's like letting someone's body stop on its own, instead of giving me Chinese or drugs to keep them alive
 Example: Removing the oxygen mask.
Voluntary euthanasia: When a patient is seriously ill and suffering from pain and asks their doctors to end their life. Its mainly a painless and peaceful death instead of suffering for a long time.
Example: Asking for medical treatment to be stopped, or life support machines to be switched off.
Involuntary euthanasia: When any doctors or family member decides to end a personâs life without the consent of patient.This can be because they think the person is suffering too much or has no quality or life, but the person themselves hasnât asked to die.
Example: Gas chambers were disguised to look like showers and some people (particularly children) were starved to death.
LEGAL ASPECTS OF EUTHANASIA IN INDIA
Fundamental Rights: Passive euthanasia allowed by Indian courts and recognising that âright to die with dignity â as a fundamental right.This method applicable to patients who are not curable and suffering from serious diseases in a permanent vegetative state.
Prosecution under sec 304 of IPC: Previously the recognition of passive euthanasia, doctors who engaged with euthanasia risked prosecution under sec 304 ( culpable homicide or murder,) even with the patientâs consent, as it was considered intentional killing. However, the legal perspective has since developed to permit passive euthanasia in certain circumstances.
Prosecution under sec 92 of IPC: In voluntary euthanasia,where a patient give consent to the doctor to stop his life is legally recognised but in non voluntary euthanasia are not recognised and itâs comes under sec 92 of the Indian penal code.In active euthanasia where a doctor give a lethal dose still a crime in India.
Article 21: The Supreme Court dismissed the petition that the âright to lifeâ under Article 21 of the Indian Constitution includes the âright to dieâ, and held that the two rights are not equal. Therefore, the court did not find euthanasia to be constitutionally invalid, giving its legality to be determined by legislation.
ARGUMENTS FOR AND AGAINST EUTHANASIA
Arguments for euthanasia:
Every person should have the right to make decisions when and how they die (self-determination).
Euthanasia provides a person to die with dignity and they have control of their situation.
Death of a person is a private matter,the state or any other person doesn't have the right to interfere in this matter.
Itâs very difficult to endure the pain of any family members or friends so they decided to end their life.
Arguments against ethunasia:Â
Some faiths believe that euthanasia is equal to murder and it goes against moral principles. They consider human life sacred and believe that ending it intentionally, even to relieve suffering, undermines the value of life and can lead to a disrespect for its sanctity
Ethunasia will be regarded as voluntary when itâs given by a mentally competent person.
Patients may feel they are a burden on resources and are psychologically pressured into consenting.Â
DIFFERENT COUNTRIES WITH EUTHANASIA
Netherland, Luxembourg, Belgium permits active and passive euthanasia and assisted suicide for anyone who suffered from serious illness for long period of time and there is no chance to improve.
Switzerland totally bans euthanasia but permits assisted dying in the presence of a doctor or physician.
Canada declared that euthanasia and assisted dying is allowed only for mentally ill patients not the other patients by March 2023.However the decision is totally controversial and the move may be delayed.
The United States has various laws in various states regarding euthanasia and euthanasia is allowed in a few of the states like Washington, Oregon, and Montana.
LANDMARK EUTHANASIA CASES IN INDIA
Maruti Shripati Dubal v. State Of Maharashtra (1986): It was a very important case in which the defendant, Dubal, attempted suicide because of his poverty and illness. The court held that attempting suicide is a criminal offense under Indian Penal Code, thereby upholding Dubalâs conviction and reinforcing the legal stance that suicide and attempted suicide both are punishable offenses in India.
P. Rathinam v. Union of India (1994): The Supreme Court challenged the constitutional validity of Section 309 (attempt to commit suicide) of the Indian Penal Code, but ultimately upheld it, ruling that attempting suicide is a criminal offense in India.
RECENT CASES OF EUTHANASIA IN INDIA
High Court rejects the plea to refer manâs case for allowing passive euthanasia to medical boardÂ
The High Court has declined to refer to a medical board the case of a 30-year-old man who suffered head injuries in 2013 and is lying in a vegetative state to undergo passive euthanasia.
Former Dutch PM Dries van Agt, wife die by euthanasia
Former Dutch Prime Minister Dries van Agt and his wife Eugenie van Agt-Krekelberg died together by euthanasia at the age of 93 due to their serious health issues, with van Agt never fully recovering from a brain hemorrhage in 2019, and the couple not able to stay without each other.
CONCLUSION
 Medical science is developing in India and many other countries. They all have their technology to give the support to serious patients and also they have access to give to new life to any serious patients. Hence, end-of-life issues are becoming major ethical considerations in the modern-day medical science in India. Indian government play a very inactive role to control euthanasia and supreme court give various judgements to control this. Moreover, concerns for its misuse remain a major issue which ought to be addressed before it becomes a law in our country.
OLQ is a Pan-India basis law firm connecting legal expertise nationwide
WRITTEN BY: KOUSTAV GHOSH
GUIDED BY: ADVOCATE ANIK
