News Highlights
A Bengaluru woman goes to Delhi HC to stop her friend’s Euthanasia trip to Europe.
Key Takeaways
- According to a petition filed before the court, the man has had chronic fatigue syndrome since and is allegedly planning to travel to Switzerland for physician-assisted suicide.
What is Euthanasia?
- It is an easy or painless death or the intentional ending of the life of a person suffering from an incurable or painful disease at his or her request.
Euthanasia in India
- Active euthanasia is a crime under sections 302 or 304 of the Indian Penal Code (IPC).
- In the Supreme Court in 2011, Aruna Ramchandra Shanbaug v. Union of India held that passive euthanasia could be allowed under exceptional circumstances.
- In the Common Cause v. Union of India case, the Supreme Court held that a person in a persistent vegetative state could opt for passive euthanasia.
- Passive euthanasia means intentionally letting a patient die by withholding artificial life support such as a ventilator or feeding tube.
Arguments in favors of legalising euthanasia.
- Right to die with dignity:
- Article 21 provides for living with dignity.
- A person has a right to live a life with at least the minimum dignity, and if that standard falls below that minimum level, a person should be given the right to end his life.
- Helping rather than harming:
- Its aim is altruistic and beneficial as it is an act of painlessly putting to death those who are suffering from painful and incurable diseases.
- So, the motive behind this is to help rather than harm.
- Global examples:
- It can be understood from other examples that the following euthanasia will not necessarily lead to unacceptable consequences.
- For example, countries like the Netherlands, Belgium, Luxembourg, etc., where euthanasia has been legalised to justify that it is mostly trouble-free.
- Redistributing efforts to save more lives:
- In many developing countries like India, there is a shortage of funds and hospital space.
- Energy of doctors and hospital beds can be used for those whose lives can be saved instead of continuing the lives of those who want to die.
- The choice to say no to suffering:
- Many people feel that it is better to die than to go through the pain of diagnosed diseases and their treatments, which are even more painful.
- For example, Cancer and chemotherapy
Arguments against euthanasia
- Medical ethics:
- It is totally against medical ethics, morals, and public policy.
- Medical ethics calls for nursing, caregiving and healing, not ending the patient’s life.
- Killing people for their wealth:
- Patients wouldn’t be able to trust their physicians or their family members because many of them used the term “aided murder” when discussing the patient’s painless, dignified death.
- It can motivate people to decide on euthanasia:
- It is feared that if euthanasia is legalised, then other groups of more vulnerable people will risk feeling the option themselves.
- Religious arguments:
- Human life is the gift of God, and taking life is wrong, and evil human beings cannot be given the right to play the part of God.
- For example, the Roman Catholic church is one of the most active organisations in opposing euthanasia.
- Advanced medical science to help:
- In the present time, medical science is advancing at a great pace.
- Thus, even the most incurable diseases are becoming curable today.
Way forward
- Quality healthcare:
- India needs improved access to high-quality healthcare for the terminally ill so that they can go in peace whenever they do.
- This is referred to as palliative care right from when an illness is diagnosed to the end of life.
- Living will:
- The decision of the Supreme Court to allow passive euthanasia and living will is a landmark judgment and upholds the fundamental right to life, which includes the right to die with dignity.
- Legislative efforts:
- The 241st report of the Law Commission states that passive euthanasia should be allowed with certain safeguards, and there is a proposed law—Medical Treatment of Terminally Ill Patients Bill, 2006—in this regard.
Conclusion
- Euthanasia is indeed a contentious issue, with the heart of the debate lying at active voluntary euthanasia and physician-assisted suicide.
- There is an urgent need to invest in our health care system so that people suffering from serious ill health can access free health care.
- Investment in health care is under the ‘Right to Health’ which is bestowed under ‘Right to Life’ of our Constitution.
- Thus, the complete expenses need to be borne by the State so that the ‘Right to life’ becomes a reality and succeeds before the ‘Right to die with dignity.
Pic Courtesy: ipleaders
Content Source: The Hindu