This article is written by D.Srujana Naik,VII Sem BBA LL.B,Mahatma Gandhi Law College during her internship at LeDroit India.
Keywords
- Mercy killing
- Good faith
- Incurable disease
- Active euthanasia
- Passive euthanasia
Abstract
Euthanasia is the painless killing of a person which is also known as mercy killing it is performed by Medical professionals in good faith to free the patient from an incurable disease. Active euthanasia is not legal in India but passive voluntary euthanasia is legal in India.
Introduction
A person may wish to end his life when circumstances are not in his/her favor. One of the ways to end a person’s life is Euthanasia. Euthanasia means the painless killing of a person suffering from an incurable and painful disease or in an irreversible coma. It is mostly done in case of incurable medical conditions when a disease bothers a person more than his desire to live he wishes to end his life it is also known as many get out of the unbearable suffering and from the pain of life. Sometimes letting a person die is a bad thing morally but when forcing him to stay alive is more painful than having a peaceful death is considerable, euthanasia comes into light.
Classification of Euthanasia
Euthanasia generally can be classified into
- Active Euthanasia
- Passive Euthanasia
- Voluntary Euthanasia
- Non-Voluntary Euthanasia
Active Euthanasia
In active euthanasia, a person’s death is caused due by some lethal drug, when doctors themselves inject a drug that causes the death of the person is known as active euthanasia, here the motive behind giving the drug to a patient who is suffering from an incurable disease is to end his life and to release him from suffering. If such action is not done a diseased person stays alive and continues to suffer.
Passive Euthanasia
Here, the death of the victim is caused due to ignorance of the treatment that must be given to him. Where medical professionals don’t perform their duty or treatment to keep him alive and let him end his life. In passive euthanasia cases, they just step down from their responsibility to save the patient which results in his/her death.
Voluntary
When the patient himself wants to end his life due to intolerable pain and because of an incurable disease where death would be more peaceful rather than living he gives his consent to end his life. Basically, it is the choice of the patient to put an end to his life.
Involuntary
Here in most of the cases consent of the patient is not present either due to his condition or because he doesn’t have any other opportunity in these cases mostly the consent is given by the family members and a decision is made because in many cases patient himself will not be able to give his consent or will. A person who is mentally incompetent or when in coma or a person’s brain is not functioning properly or he might continue to suffer the disease for the rest of his life or where he is not in a position to express the consent is given by family members to end his life.
Laws relating to euthanasia in India
Earlier euthanasia was not legal in India. Mercy killing was to be considered as murder under section 300 of the Indian penal code as they found that intention to cause the death of a person was sufficient whereas in case of voluntary euthanasia as the consent of the patient was given it was to be considered as murder not amounting to culpable homicide and was liable for punishment under section 304 of Indian penal code. After a few debates, passive euthanasia was legalized in India under the provision that the right to die with dignity is a fundamental right of a person. Only where there is no hope of recovery and patients who suffer from an incurable disease or have reached a permanent vegetative state or when the body is functioning by external machines passive euthanasia is allowed and accepted by courts. The law commission has recommended the legalization of euthanasia in its 241st report.
By series of judgments passed by the Supreme Court, it could be understood that there is a close link between Article 21 of the Indian constitution and between sections 306 and 309 of IPC. Article 21 of the Indian constitution states the right to life and to enjoy it with peace and harmony controversies arose about when the right to die when peace doesn’t exist which led to the right to die to be included within the ambit of Article 21 of Indian constitution. Section 306 and 309 of the Indian Penal Code deals with abetment and attempt to commit suicide. The concept of euthanasia falls within these two sections of IPC. In P.Rathinam Vs Union of India, the court stated that the right to life must be a choice of the person in which an individual must choose his course of action which must not be a just mere existence. Landmark case which drew the line between suicide and natural dying and euthanasia in Gian Kaur vs. State of Punjab the appellant and her husband were charged under section 306 of IPC for abetting the suicide of their daughter-in-law. It was held by trial court that sections 306 and 309 the constitutionality of article 21. Supreme Court drew a line between unnatural and natural end where unnatural end means the ending of a person’s life by suicide or by any other means whereas natural end means a person’s vegetative state or natural death. When there is no hope of recovery they are almost near to death and a half away through natural dying. The right to die is a natural right being positive in nature does not go with unnatural negative acts. Thus, the court upheld the constitutional validity of sections 306 and 309 of IPC and it falls within the ambit of article 21 where a person has the right to experience painless death and free himself from unbearable pain and suffering. Such acts can be considered only when done in good faith and by the request of the patient or for his/her interest.
Conclusion
Euthanasia has both boon and bane for the people where it can be misused by the people of India where corruption is high. Euthanasia can be only permitted to a certain limit because life and death of a person is a natural thing and it must happen only in that way no interference from man must be there. But in a few inevitable circumstances acting in the good faith just to free the patient from all the suffering, it can be permitted.
