Euthanasia In India: Definition, Types, and Legal Aspects

Context

Recently, a 28-year-old Dutch woman legally ended her life due to her struggle with crippling depression, autism and personality disorder.

French President Presents a Bill on Assisted Dying

• In January 2024, the French President presented a Bill on assisted dying to legalize euthanasia for the terminally ill.
• Living wills implementation lags in India even after the six years of the Supreme Court declaring that Indians have the right to die with dignity.

About Euthanasia

• Refers: The practice under which an individual intentionally ends his/her life to get relief from an incurable condition, or intolerable suffering.
• Types of Euthanasia: There are four types of euthanasia.
  • Active euthanasia: It involves an active intervention to end a person’s life with substances or external force, such as administering a lethal injection.                                                 
  • Passive euthanasia: It refers to withdrawing life support or treatment that is essential to keep a terminally ill person alive.
  • Voluntary euthanasia: It takes place with the consent of the patient. 
  • Involuntary euthanasia: It is administered without the patient’s consent. 

Euthanasia In India

• Aruna Ramchandra Shanbaug v. Union of India (2011): In this case, the Supreme Court had held that passive euthanasia can be allowed under exceptional circumstances.
• Common Cause vs. Union of India (2018): The Supreme Court allowed passive euthanasia while recognising the living wills of terminally-ill patients who could go into a permanent vegetative state, and issued guidelines regulating this procedure.
  • Living Will: A living will is a legal document that specifies the type of medical care that an individual does or does not want in the event they are unable to communicate their wishes.
  • It is also known as an advance directive.
• In 2023 the Supreme Court modified the guidelines to make the right to die with dignity more accessible.

Global Trends

• Netherlands, Luxembourg, Belgium: These Countries allow both euthanasia and assisted suicide for anyone who faces “unbearable suffering” that has no chance of improvement.
• Switzerland:  Switzerland has banned euthanasia but allows assisted dying in the presence of a doctor or physician.
• Canada:  Canada had announced that euthanasia and assisted dying would be allowed for mentally ill patients by March 2023; however, the decision has been widely criticized, and the move may be delayed.
• United States: USA has different laws in different states. Euthanasia is allowed in some states like Washington, Oregon, and Montana.
• United Kingdom: The United Kingdom considers it illegal and equivalent to manslaughter.

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