Euthanasia | Mercy Killing | Physician assisted suicide | Right to die with dignity [Part 1]

Описание: Euthanasia | Mercy Killing | Physician assisted suicide | Right to die with dignity [Part 1]

The term Euthanasia comes from two Ancient Greek words: ‘Eu’ means ‘Good’, and ‘thantos’ means ‘death’, so Euthanasia means good death. It is an act or practice of ending the life of an individual suffering from a terminal illness or in an incurable condition by injection or by suspending extra ordinary medical treatment in order to free him of intolerable pain or from terminal illness. Euthanasia is defined as an intentional killing by an act or omission of person whose life is felt is not to be worth living. It is also known as ‘Mercy Killing’ which is an act where the individual who, is in an irremediable condition or has no chances of survival as he is suffering from painful life, ends his life in a painless manner. It is a gentle, easy and painless death.

Euthanasia is a complex matter; there are many different types of euthanasia. Euthanasia may be classified according to consent and intervention

1. Voluntary euthanasia- when the person who is killed has requested to be killed.

2. Non-voluntary euthanasia- when the person who is killed made no request and gave no consent. In other words, it is done when the person is unable to communicate his wishes, being in coma.

3. Involuntary euthanasia- when the person who is killed made an expressed wish to the contrary. In other words, it is involuntary when the person killed gives his consent not to die.

4. Active euthanasia- it is also known as ‘Positive Euthanasia’ or ‘Aggressive Euthanasia’. It refers to causing intentional death of a human being by direct intervention. It is a direct action performed to end useless life and a meaningless existence. For example by giving lethal dose of a drug or by giving a lethal injection. Active euthanasia is usually a quicker means of causing death and all forms of active euthanasia are illegal.

5. Passive euthanasia- it is also known as ‘Negative Euthanasia’ or ‘Non-Aggressive Euthanasia’. It is intentionally causing death by not providing essential, necessary and ordinary care or food and water. It implies to discontinuing, withdrawing or removing artificial life support system. Passive euthanasia is usually slower and more uncomfortable than active. Most forms of voluntary, passive and some instance of non-voluntary, passive euthanasia are legal.

The Supreme Court has recognised the right to die with dignity as a fundamental right, major hurdles might be posed by religious communities, who mostly oppose euthanasia in India.
The issue of euthanasia rose to prominence in India after several noteworthy cases including that of Aruna Shanbaug, a nurse who spent 42 years in a vegetative state as a result of a violent sexual assault. ‘Passive Euthanasia’ was legalized by the Supreme Court on 7 March 2011. Also, based on the recommendations of the Law Commission, ministry of health and family welfare had prepared a draft of The Medical Treatment of Terminally Ill patients (protection of patients and medical practitioners) in May 2016.

In Common Cause (A Regd. Society) vs. Union of India (UOI) and Ors, a leading case on euthanasia, passive euthanasia was legalized, and it was held, by the Supreme Court, that the ‘right to die with dignity’ is a fundamental right. Medical treatment can be refused, or decided against taking the same, by a sane adult human of conscious mind. He may decide to die a natural death, instead of availing the treatments.

The court has recognised ‘passive euthanasia’, in which the doctor does not cause the death of the person, he simply does not save him, by stopping the ongoing treatment, or by disabling the life-support machines, through the support of which, the patient is alive. ‘Active euthanasia’, which occurs as a result of administering and injecting a dose of lethal drug; of overdose of such a drug or medicine, which otherwise would not be lethal, but for the increase dosage, in the body of the victim, has been recognised in the Indian Courts, as of now.

The courts are of the view that a person, or here, a doctor cannot be punished for not saving a patient. However, since an ‘act’ not only includes a positive act on the part of the offender, but it also includes all the ‘omissions’ of the legal duty which one is bound to fulfill. Therefore, a person should be punished not only for some overt act, but also for the omission of a legal duty bound by law on him to fulfill.

While some countries in the world have already recognised and legalised the provision of euthanasia, the legalisation of the same may not be a very appealing idea. The courts in India, have, accordingly, taken a long time, from the cases of Gian Kaur, Aruna Shanbaug, to the case of Common cause (a regd. Society), in recognising and legalising the euthanasia, and have legalised passive, voluntary euthanasia. Active euthanasia has not been legalised yet, and hopefully will not be done in the future as well.