Check our website previousnotes.com/ for more updates
Euthanasia in India
Definition of Euthanasia: Euthanasia drives from Greek word ‘eu’ and ‘thanatos’ which mean ‘easy death’.Euthanasia refers to the intentional act of ending someone’s life to relieve them from suffering, typically due to a terminal illness or a condition that causes significant pain and distress. This act is usually carried out by a medical professional or with their assistance.
Types of Euthanasia:
Passive Euthanasia:
Active Euthanasia:
Definition: Active euthanasia involves deliberately taking steps to end a person’s life. This can include administering a lethal dose of medication or carrying out a medical procedure with the explicit purpose of causing the person’s death.
Example: A doctor administering a lethal injection to a patient at the patient’s request.
Passive Euthanasia:
Definition: Passive euthanasia involves allowing a person to die by withholding or withdrawing treatment that would artificially prolong their life. The intention is not to cause death directly but to let the natural course of events take place.
Example: Withholding or withdrawing life support, such as turning off a ventilator or discontinuing medication, leading to the patient’s death.
Key differences between active and passive euthanasia include the directness of the action and the intention behind it:
Directness: Active euthanasia involves a direct, intentional act to bring about death, while passive euthanasia involves a withholding or withdrawing of treatment.
Intention: In active euthanasia, the intention is to cause death to relieve suffering. In passive euthanasia, the primary intention is to allow a natural death by refraining from medical interventions.
Legal Position of Euthanasia in India:
In India Passive euthanasia is legal that to subject to the guidelines but active euthanasia is illegal in India.
Euthanasia in Other Countries:
Euthanasia in all form Illegal:
Many countries strictly prohibit euthanasia in all its forms. Examples include:
Some countries in Africa, Russia
Some European countries, such as Poland.
Euthanasia Not Decided:
In most of the countries, the legal status of euthanasia is not clearly defined, or there may be ongoing debates without specific laws. This can include:
Some jurisdictions in Southeast Asia.
Most countries in Africa.
Passive Euthanasia Allowed:
Some countries permit passive euthanasia under certain circumstances. Examples include:
The United States (though the legality varies by state and is often influenced by specific cases and court decisions).
Some European countries, such as the United Kingdom, where the withdrawal of life-sustaining treatment may be allowed under certain conditions.
In India, Passive Euthanasia is allowed subject to the guidelines.
Both Active and Passive Euthanasia Allowed:
A few countries have legalized both active and passive euthanasia under specific conditions. Examples include:
The Netherlands.
Belgium.
Luxembourg.
Canada.
Colombia.
Right to Die & Right to Die with dignity
Right to die with dignity is a fundamental right under Article 21 of India Constitution. The right to die is not explicitly recognized as a fundamental right in the Indian Constitution. However, passive euthanasia is allowed in India. Moreover, Suicides are not legal in India. It was a punishable offence under sec. 309 of Indian Penal Code. For Right to die & Right to die with dignity, let’w discuss important case laws related to this topic:
P. Rathinam vs. Union of India (1994) :
Key points from the case:
Background:
P. Rathinam, a lawyer, filed a Public Interest Litigation (PIL) challenging the constitutional validity of Section 309 of the IPC, which penalized individuals for attempting suicide.
Argument:
The petitioner argued that the right to life guaranteed under Article 21 of the Indian Constitution also includes the right to die, and criminalizing attempted suicide violates this fundamental right.
Court’s Decision:
The Supreme Court of India, in its judgment on 9 March 1994, struck down Section 309 of the IPC as unconstitutional. The court held that the right to life under Article 21 includes the right to die with dignity. Criminalizing suicide was deemed as arbitrary and unreasonable.
Reasoning:
The court, in its judgment, emphasized the right to personal liberty and autonomy. It stated that an individual has the right to control his or her body, and the state should not interfere with personal choices that do not affect others.
Impact:
The decision in the P. Rathinam case had a significant impact on the legal landscape concerning suicide in India. It marked a departure from the earlier view that attempted suicide could be penalized.
Gian Kaur vs. State of Punjab (1996):
check perviousnotes.com/ for detail.