Euthanasia, often referred to as “mercy killing,” is a complex and controversial subject that involves intentionally ending a person’s life to relieve them from suffering. In this article, we delve into the concept of euthanasia, its legal status worldwide, its position in India, and the rulings of the Indian Supreme Court on this matter.
What is Euthanasia?
Euthanasia is the deliberate act of ending a person’s life to alleviate their suffering. It can be classified into different forms, including voluntary, non-voluntary, and involuntary euthanasia. Voluntary euthanasia occurs with the explicit consent of the patient, while non-voluntary euthanasia is carried out when the patient is unable to give consent due to being in a coma or lacking decision-making capacity. Involuntary euthanasia involves ending the life of a person against their wishes.
Legal Status of Euthanasia Worldwide
The legalization of euthanasia varies across countries and regions. Some nations have enacted laws permitting certain forms of euthanasia under strict conditions, while others strictly prohibit it. Countries such as the Netherlands, Belgium, Luxembourg, Canada, Colombia, and Switzerland have legalized euthanasia or assisted suicide under specific circumstances, often involving terminal illness and unbearable suffering.
Countries Where Euthanasia is Legal
- The Netherlands: It was the first country to legalize euthanasia in 2002 under strict regulations.
- Belgium: Euthanasia has been legal since 2002, allowing patients to request it if they are suffering unbearably.
- Canada: Canada legalized both euthanasia and assisted suicide in 2016, known as Medical Assistance in Dying (MAID).
- Colombia: The Colombian Constitutional Court decriminalized euthanasia in 1997 under certain conditions.
- Switzerland: Euthanasia is illegal, but assisted suicide is allowed under specific circumstances.
Is Euthanasia Legal in India?
In India, euthanasia is a topic that has long been under scrutiny. While there is no specific law legalizing euthanasia, the concept of passive euthanasia has been recognized by the Supreme Court of India in some cases. Passive euthanasia entails the withdrawal of medical treatment with the intention of causing the patient’s death, such as switching off life support systems.
Supreme Court Rulings on Euthanasia
Historically, all forms of euthanasia were considered illegal in India. However, landmark judgements by the Supreme Court in recent years have brought about a significant shift.
- Aruna Shanbaug v. UOI (2011): This case, involving a nurse who remained in a permanent vegetative state for decades, paved the way for passive euthanasia. The Court recognized the concept of “living wills,” allowing competent adults to express their wishes regarding the withdrawal of life support in the event of permanent vegetative state.
- Common Cause (A Regd. Society) v. UOI (2018): Building upon Aruna Shanbaug, this judgement explicitly legalized passive euthanasia for terminally ill patients in addition to those in a permanent vegetative state. The Court laid down detailed guidelines for executing living wills and establishing medical committees to oversee euthanasia requests.
- Common Cause (A Regd. Society) v. UOI (Modification) (2023): In a recent development, the Supreme Court streamlined the guidelines for passive euthanasia, simplifying the application process and reducing the number of medical committee members required for approval.
It is crucial to understand that active euthanasia remains illegal in India.
The Supreme Court’s Reasoning
The Supreme Court’s judgements on euthanasia were based on the fundamental right to life enshrined in Article 21 of the Indian Constitution. This right, the Court interpreted, also encompasses the right to die with dignity and avoid prolonged suffering.
The Court emphasized the importance of individual autonomy and self-determination, allowing competent adults to make informed choices about their end-of-life care. However, it also recognized the need for safeguards to prevent abuse and ensure informed consent.
The Ongoing Debate
While the Supreme Court’s judgements have legalized passive euthanasia under specific circumstances, the debate on euthanasia in India continues. Here are some key points to consider:
- Religious and Ethical Concerns: Many religious groups in India oppose euthanasia due to their belief in the sanctity of life.
- Potential for Abuse: There are concerns that legalizing euthanasia could create vulnerabilities for the elderly, disabled, or economically disadvantaged who might be pressured into ending their lives.
- Doctor’s Dilemma: Doctors face ethical dilemmas in balancing their duty to preserve life with respecting a patient’s right to die.
- Need for Clear Guidelines: Further legal and medical frameworks are needed to ensure transparency and proper implementation of the Court’s rulings.
Disclaimer: This material, including advice, provides general information only. It is in no way a substitute for a qualified medical opinion. Take the methods, and claims mentioned in this article as suggestions only; DNP India does not confirm or refute them. Consult a doctor before implementing any such suggestions/ treatment/medicine/diet.
