Euthanasia in India: A wish to die honorably

TPO MIMIT 10:37 PM

Article 21 of the Indian constitution is quite possibly of the main Article in the Indian constitution, which grants sanctity to the human life. Article 21 projects a grave obligation on the state to protect the life of every individual inside its domain. It also simultaneously gives the state the authority to deprive a citizen of his/her life and freedom in line with the legal process. The judiciary has frequently utilized Article 21 to expand the definition of the term "life" to include anything that contributes to a person's quality of life. 

There has recently been discussion in socio-legal circles on the concept of euthanasia and its validity in the Indian context. Many other countries have gracefully adopted this provision legally by providing for mercy death for the trauma patients. Death is never the first choice, and individuals settle on this way simply because there is no other dignified way out left for them. 

Humanity has practiced euthanasia for a long time. Helping someone terminate one's life was acceptable in several circumstances in ancient Greece and Rome. Literally, euthanasia implies putting someone to die without suffering, especially when they are experiencing unending suffering or when their physical or mental impairment has rendered life meaningless. Desmond Tutu, emeritus archbishop of Cape Town, raised his voice again on his 85th birthday in an article in the Washington Post. He further adds, "I have prepared for my death and have made it clear that I do not wish to be kept alive at all costs. I hope, I am treated with compassion and allowed to pass onto the next phase of life’s journey, in the manner of my choice" https://theconversation.com/. 

People have a compelling case for believing that if they have the right to live with dignity, they also have the right to pass away in honour. Some medical conditions are simply so painful and unnecessarily prolonged that the capability of the medical profession to alleviate suffering by means of palliative care is surpassed. The use of lethal injection as a method of active euthanasia has been dismissed by the Indian high court. As there is no specific legislation concerning euthanasia in India, the court's judgment is effective and binding until the parliament enacts an appropriate law. When an individual finds life to be more agonizing and unbearable than death, it is not uncommon for them to desire death. This choice to voluntarily embrace death is referred to as euthanasia, or mercy killing, and it is often associated with the term ‘dayamaran’. Certain people, such as great saints or heroic figures, opt for a willful death called ‘echchamaran’ when they believe that they have accomplished their life's purpose. Throughout our country, there are various forms of self-chosen death, including ‘sati’, ‘johars’, ‘samadhi’, and ‘prayopaveshan’ (starvation to death).  

Arguments for legalizing euthanasia:

·        A key argument in support of this practice is that it offers a way out for those who are suffering greatly and enduring a painful life. Refusing to accept a dying patient's desire to die is not only against the law, it is also inhumane and medically unwise.

·  By allowing a terminally ill patient to receive assisted suicide, their family members are spared from the physical, emotional, financial, and mental strain of caring for them. This also brings relief to the patient and alleviates their pain.

·   It is important to recognize that patients have the right to decline medical treatment. If a doctor goes against a patient's will and treats them, it may be considered an act of assault.

·   Performing euthanasia frees up state medical resources to help other poor and needy people.

·  People are free to exercise their right to die. The Constitution guarantees fundamental rights and freedoms, positive rights contain negative rights. For example, freedom of speech includes things like freedom not to speak.

Arguments against legalizing euthanasia:

·   Religiously-driven Indian society does not accept the concept of euthanasia     because religious scriptures are against it

·        The commercialization of euthanasia could occur

·        Poor people can rely on it to avoid financial hardships of medicine.

·      The elderly and the poor can be seen as a burden, which people can use to avoid responsibility

·    Permitting euthanasia disrespects human dignity and violates the sanctity of life principle. It makes sick and disabled people more vulnerable than other populations

Taking everything into account:

All in all, one might say that to determine this discussion, the contention between the guideline of sanctity of life and the freedoms of self assurance and dignity of an individual is to be settled first and right to bite the dust ought not be summed up yet ought to be practiced as an exemption in the most extraordinary of uncommon cases.


TPO MIMIT

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