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.
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