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Will India permit Euthanasia?

Dr.Mathew Joys

An easy or painless death, or the intentional termination of life at the request of a person suffering from an incurable or painful disease is called euthanasia or mercy killing. In other words the act of killing someone who is very sick or very old so that they do not suffer more, comes under euthanasia.

So far, euthanasia is a crime in India. Section 309 of the Indian Penal Code (IPC) deals with attempted suicide and Section 306 of the IPC deals with abetment of suicide - both acts are punishable. Only those who are brain dead can escape their lives with the consent of family members.

Euthanasia laws differ in different countries. The British House of Lords Select Committee on Medical Ethics defines euthanasia as "deliberate intervention carried out with the express purpose of ending a life to relieve intractable suffering". Euthanasia is classified into different methods which include voluntary, non-voluntary and voluntary.[6] Voluntary euthanasia is where a person wishes to end their own life and is legal in developing countries. Non-voluntary euthanasia occurs when a patient's consent is not available and is legal in some countries under certain limited conditions, both active and passive forms. Voluntary euthanasia, performed without consent or against the patient's will, is illegal in all countries and is usually considered murder.

While there is a move in the British Parliament to introduce a bill to legalize doctor-assisted euthanasia, many people, including UK Malayalis, are fighting for their lives. The bill, which will be introduced by MP Kim Leadbeater on October 16 to give terminally ill people the opportunity to "choose" the end of life, is being criticized on social media. Parliamentarians will discuss the issue. The reason for the concern is that if the law comes into force, euthanasia will be fully legalized in England and Wales.

As the Constitution Bench had done earlier in the Gian Kaur case, the court reaffirmed that the right to die with dignity is a fundamental right and held that an adult man with the mental capacity to make an informed decision has the right to refuse medical treatment. Treatment including termination of life. On 19 May 2023 The Supreme Court's consideration of revised draft guidelines for the practice of euthanasia in India is a welcome move. This includes patients who do not recover from brain death after 72 hours.

Advocates of mercy killing argue that for patients who are in vegetative states with no prospect of recovery, letting them die prevents future needless and futile treatment efforts. If they are suffering then killing them prevents further suffering

In 2018 the Supreme Court recognised the right to die with dignity as a fundamental right and prescribed guidelines for terminally ill patients to enforce the right. In 2023 the Supreme Court modified the guidelines to make the right to die with dignity more accessible.

The Supreme Court has also raised this issue in the recent judgement3. 'Mercy killing' should not lead to 'killing mercy' in the hands of noble medical professionals.

The main reason cited against mercy death is the potential for abuse, where individuals could be coerced or manipulated into choosing death.

If there is no hope and the person suffers with every breath, why do we let them suffer it? Isn't that cruel? When hospice is called in they medicate you into almost a coma till you pass.




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