Euthanasia

Context:

Recently, a 62-years-old woman approached senior administrative officials seeking permission for euthanasia on failing to remove illegal possession from her property.                                                                           

About Euthanasia:

• Etymology: The word ‘euthanasia’ is a product of two Greek words ‘eu’ meaning ‘good’ and ‘thanatos’ meaning ‘death’. 
• Euthanasia refers to the practice under which an individual intentionally ends their life to get relief from an incurable condition, or intolerable suffering.
• Euthanasia falls under the category of assisted dying, which also includes assisted suicide. 
  • Euthanasia is when an individual ends another person’s life painlessly whereas under assisted suicide a physician assists a patient in ending their life usually by lethal injection. 

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.

Indian Judiciary on Euthanasia:

• 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.

Image Credits: Hindustan Times

Customary Religious Practices:

• Prayopavesa (literally resolving to die through fasting) is a practice in Hinduism that denotes the suicide by fasting of a person who has no desire or ambition left, and no responsibilities remaining in life.
• A similar practice exists in Jainism, termed Santhara. 
• In Tamil culture, it is called Vatakkiruttal and  Sokushinbutsu in Buddhism.

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.

Institutional Recommendations:

• The Law Commission of India in its 196th Report recommended that there must be a law made to protect terminally ill patients who refuse medical treatment, artificial nutrition, or hydration from Section 309 of the Indian Penal Code.

Way Forward:

• Public Discourse and Education: Public education campaigns, debates, and forums can help raise awareness, promote understanding, and address concerns related to end-of-life choices.
• Legal Framework: Establishing a comprehensive legal framework is essential which outlines the conditions for accessing euthanasia. 
• Safeguards and Protections: Any legislation surrounding euthanasia must include robust safeguards to protect vulnerable individuals. 
• Medical Ethics and Professional Guidelines: Collaboration between policymakers, medical professionals, and ethics committees is necessary to develop guidelines and protocols for healthcare practitioners.
• Palliative Care: Enhancing palliative care options can offer alternative choices for those considering euthanasia.

News Source: TOI