The death of a 64-year-old American woman in Switzerland has brought the Sarco pod, a controversial suicide device, under legal scrutiny.
- The woman, who reportedly suffered from an autoimmune condition, used the Sarco pod to end her life, prompting Swiss authorities to arrest at least four individuals involved.
What Are Euthanasia and Assisted Dying?
- Euthanasia and assisted dying both involve a person intentionally choosing to end their life, but they differ in how this is accomplished.
- Euthanasia: It requires the involvement of a physician, who administers a lethal drug to the patient or removes the life supporting devices depending on the type of euthanasia.
- Voluntary Euthanasia: When a patient consents to end their life, often due to terminal illness or pain.
- Involuntary Euthanasia: The patient is euthanized without their consent, despite being capable of providing it, which is illegal in most places.
- Non-Voluntary Euthanasia: Performed when the patient cannot consent, like in cases of coma, with decisions made by others.
- Active Euthanasia: Involves directly causing death, such as administering a lethal injection.
- Passive Euthanasia: Withholding life-sustaining treatments, allowing the patient to die naturally
- Assisted Dying: It involves the person administering the lethal substance themselves, with medical professionals only providing the drug.
- In this case, the patient actively participates in the process, and there is no requirement for the individual to be terminally ill.
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What Is the Sarco Pod?
- The Sarco pod, short for sarcophagus, which is a term used for stone coffins historically used for Royal burials.
- Sarco Pod was designed by Dr. Philip Nitschke, founder of the pro-euthanasia group Exit International, in collaboration with Dutch engineer Alex Bannink.
- The pod, first introduced in 2019, is a portable, 3D-printed, airtight capsule that enables a person to end their life.
- Working:
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- It works by releasing nitrogen gas, rapidly lowering oxygen levels inside the capsule.
- Once the process is initiated, the user loses consciousness within a minute, and death follows shortly thereafter.
- To use the Sarco, an individual must pass an online mental fitness test, after which they are granted access to the device via a 24-hour access code.
- The pod is intended to allow individuals to choose the location of their death, emphasising autonomy in the dying process.
Swiss Laws on Assisted Dying and Euthanasia
- Switzerland has strict laws on euthanasia, banning active euthanasia while permitting assisted dying and assisted suicide.
- It requires the person ending their life does so without external assistance and those assisting them have no self-serving motives.
- These laws have made Switzerland a destination for “death tourism,” where individuals travel to the country to legally end their lives.
How does Sacro Pod Violate the law?
- Loophole in Swiss Law: Some argue that the Sarco pod exploits gaps in Swiss assisted suicide laws, though it may not fully comply with national regulations.
- Swiss Legal Expert’s View: Daniel Hürlimann stated that the Sarco pod did not violate laws related to medical devices, nitrogen use, or product safety.
- Government’s Dispute: Swiss authorities claim the pod breaches product safety and chemical laws, challenging its compliance with regulations.
- Key Legal Issue: Whether Sarco constitutes “external assistance” in assisted suicide remains unclear under Swiss law.
- Ethical Debate: The Sarco pod raises questions about the balance between technological assistance and personal autonomy in assisted dying.
- Ongoing Investigation: The Sarco pod is central to the ongoing debate on the future of assisted suicide and euthanasia in Switzerland.
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Euthanasia in India
- Legalisation of Passive Euthanasia (2018): The Supreme Court legalised passive euthanasia, allowing individuals to make a ‘living will’ and refuse life support under certain conditions.
- The judgement came in Aruna Shanbaug v. Union of India,2011 case.
- Right to Dignity Under Article 21:
The Court ruled that dignity in the dying process is a part of the right to life, protected under Article 21, which safeguards life and personal liberty. Depriving someone of dignity at the end of life undermines meaningful existence.
- Active Euthanasia is a Crime:
In India, active euthanasia remains illegal and is considered a criminal act.