Euthanasia:
The Legal Framework in India
Dr. Rumi
Ahmad, Assistant Professor, JEMTEC, School of Law, Greater Noida
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Euthanasia,
assisted suicide (active or passive?) santhara
among the Jain Community, all speak more or less about the right to end life.
Euthanasia comes from the Greek words, Eu (good) and Thanatosis (death) and
means "Good Death, "Gentle and Easy Death. Question arises: “Do we
have the right to decide when and how to die?” Some believe that it should be
the patient’s right to decide.
Euthanasia
literally means putting a person to painless death especially in case of
incurable suffering or when life becomes purposeless as a result of mental or
physical handicap. Euthanasia or mercy killing is the practice of killing a
person for giving relief from incurable pain or sufferingor allowing
or causing painless
death when life
has become meaningless
and dis-agreeable.
In
the modern context euthanasia
is limited to the
killing of patients
by doctors at the request of the patient in order to free him of
excruciating pain or from terminal illness. Thus the basic intention behind
euthanasia is to ensure a less painful death to a person who is in any case
going to die after a long period of suffering.
The provision of "life with dignity' is a
key issue in the euthanasia controversy for it is in essence "the price of
life'. Opponent to euthanasia claims the inadequate funding for palliative care
and pain management, and governments' intransigent reliance on nursing homes,
all contribute to the despair felt by many who reach old-age, endure
frustrating physical limitations, or are afflicted with debilitating
conditions.
Euthanasia is
a controversial issue
which encompasses the morals, values and beliefs of our society.
Recently our Supreme Court in Aruna
Shanbaug case has already given its decision on this point and allowed passive
euthanasia in India. In this case a petition was filed before the Supreme Court
for seeking permission for euthanasia for one Aruna Ramchandra Shanbaug as she
is in a Persistent Vegetative State (P.V.S.) and virtually a dead person and
has no state of awareness and her brain is virtually dead. The Law Commission of India also came
out with two pertinent reports which dealt with the issue of euthanasia to some
extent. The 196th report of the Law Commission on Medical treatment
to Terminally Ill Patients (protection of Patients and Medical Practitioners),
released in 2006, was the first report on the subject. The second was the 241th
report in 2012, named Passive Euthanasia:
A Relook, that dealt with the same issue. The former report was the one
which came up much before the Aruna Shanbaug verdict, making passive
euthanasia permissible under the rarest of rare conditions. While discussing
the issue on euthanasia, the court cited many cases viz., P. Rathinam’s case, Gyan Kaur case, Maruti Shripati Dubal’s case
etc. and referred many countries viz., Netherland, Australia and Canada where
already there is law on euthanasia
The
Court in this connection has laid down the guidelines which will continue to be
the law until Parliament makes a law on this point. A decision has to be taken
to discontinue life support either by the parents or thespouse or other close
relatives, or in the absence of any of them, such a decisioncan be taken even
by a person or a body of persons acting as a next friend. It canalso be taken
by the doctors attending the patient. However, the decision should be taken
bona fide in the best interest of the patient. Hence, even if a decision is
taken by the near relatives or doctors or next friend towithdraw life support,
such a decision requires approval from the High Court
The Union Health Ministry uploaded the draft, titled
Terminally Ill Patients (Protection of Patients and Medical Practitioners)
Bill, on its website and has invited comments, via email, from people before 19
June 2016. The Bill provides protection to patients and doctors from any
liability for withholding or withdrawing medical treatment and states that
palliative care (pain management) can continue. The draft Bill uploaded on the
Union Health Ministry website says : Every competent patient, including minors
aged above 16 years, has a right to take a decision and express the desire to
the medical practitioner attending on her or him," says The Draft Bill
should be more clear about competent patient (minors aged 16 years are also
competent under the Bill whereas minors are not eligible to sign a contract, to
marry or to vote in India), competent medical practitioner etc.
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