Passive Euthanasia

Introduction
Euthanasia is also known as ‘mercy killing’, it is regarded as putting to end of endless pain and sufferings of the patient by taking the person’s life. The reason the legalization of euthanasia is being argued so that the patients with no chance of recovery should not suffer in pain till they naturally die without any sufferings and pain. Asa lot of people suffer from terminal diseases, which are not curable, and they have to suffer for the rest of the life with immense pain and sufferings.
Euthanasia is called when the person’s life is taken by another person who is a medical practitioner or medical personnel, in this case the patient is not denied theRight to life but the ill person is provided with a painless death instead of a painful death. Therefore euthanasia is deliberately taking the life of the ill person or patient so that there is less suffering. Euthanasia is varied from different types of killing as in this type of killing, compassion is being showed to the ill person and it is an act of mercy towards the patient as the suffering of the patient is relieved by a painless death.
There are mainly two kinds of Euthanasia which is widely known by the worldwide (a) Active Euthanasia (b) Passive Euthanasia. Active Euthanasia is nothing but to put a terminally ill patient to death by using lethal injection. Passive euthanasia is nothing but discontinuing the treatment when the life of the ill incurable patient is dependable on it, this is only when the treatment is more burdensome than beneficial. Passive Euthanasia is considered more acceptable as the patient is allowed to die naturally.
Legalizing Euthanasia would change the perspective of human life and its meaning; it fundamentally changes the understanding of ‘us’. Birth and Death is considered one of the two greatest events in a human’s life.In a secular society the main objective should be to protect the ‘human spirit.
LEGAL ASPECTS OF EUTHANASIA
India with a couple of nations which are Belgium,Luxembourg, Netherlands, Switzerland and the United States of America in allowing some form of Euthanasia after the Aruna Shanbaug case decided by the honorable Supreme Court. As outlined from the judgment ‘Passive Euthanasia is allowed in exceptional cases after a review by medical experts and approval of the high court’ at the same time the court made it clear that Active Euthanasia in which a patient is given lethal injections and life ending drugs is strictly not allowed. This is the first time the Supreme Court has actually allowed any kind of Euthanasia.Legalization on euthanasia should be there as without a law no kind of decision with judicial order can be made. A lot of humanitarian points have to be looked into and examined and only then the petitions can be allowed otherwise it will be used as ‘an instrument’ to kill somebody.
Euthanasia is widely considered to be criminal homicide but in several countries voluntary passive euthanasia is considered to be non-criminal.The death of the patient by the help of a physicians termed as “Assisted Suicide”. Euthanasia if carried out without knowing the patients desire to die and the condition of the patient does not allow to express the desire then it is non-voluntary euthanasia. For example child euthanasia, is considered to be illegal all over the world, but,decriminalized under certain circumstances, such as Netherlands under the Groningen Protocol.It is also considered valid and legal in Albania if three or more family members give their consenttowards the decision of euthanasia.
Both forms of euthanasia are considered to be illegal in Switzerland and assisted suicide is considered to be illegal if done for any selfish motives. In 1995,Australians northern territory approved the bill regarding euthanasia and then in 1996, the Australian government turned the bill down. In 1997 the Supreme Court of Columbia ruled infavor of mercy killing but it is not gone into effect as the Colombian congress has to approve favor of mercy killing but it is not gone into effect as the Colombian congress has to approve the guidelines for it yet. In Mexico active euthanasia is illegal since 2008 but allows passiveeuthanasia. Although in Norway active euthanasia remains illegal but the country has softened the penalties if a caregiver takes the life of a person who is “hopelessly sick” and gives his/her the guidelines for it yet. In Mexico active euthanasia is illegal since 2008 but allows passive euthanasia. Although in Norway active euthanasia remains illegal but the country has softened the penalties if a caregiver takes the life of a person who is “hopelessly sick” and gives his/her consent to such an act. Coming back to India the honorable Supreme Court of India has allowed Passive Euthanasia under “exceptional circumstances”, though the court has made it is very clear that Euthanasia as an act and assisted suicide is considered illegal. The court also stated that until the parliament forms or enacts a legislation regarding euthanasia the judgment on active and passive euthanasia will be in force by the courts.
The Honorable Supreme Court also distinguished between active euthanasia and passive euthanasia further in the Aruna Shanbaug case. The court says that active euthanasia is considered as a crime all over the world except in those places where it is permitted by legislation. It is considered as a crime in India and it is illegal under Section 302 or Section 304 of Indian Penal Code. Assisted suicide, which was discussed earlier in this paper, is considered a crime under Section 306 of the Indian Penal Code.
My Opinion
According to me the Euthanasia should be legalized in India so that the sufferings of the patients can be reduced, it is better to die mercifully than in pain and sufferings. As Euthanasia is been a debatable topic for over a long period of time. Euthanasia is one of the main reasons because of which all the legislatures and courts are facing issues.
By:
Jasjit Pranjal
Symbiosis Law school,
2^nd semester