EUTHANASIA- IT'S LEGALITY IN HUMAN RIGHTS Rupali Bajaj
Attorney Associate/LLM-IPR/Renaissance University
Abstract: Euthanasia means giving painless death to a person for reasons assumed to be merciful, taking the life of an injured individual in order to end his life or his suffering.
Euthanasia may seem like a compassionate way of ending severe pain. Patients may request euthanasia to avoid his weakness and loss of mental faculties that some diseases cause and many feel these wishes should be respected. It means good death, harder today to achieve a good death ever before. Killing is not solution for such unbearable pain. It can only be granted to the patients in Permanent Vegetative State. The objective of the paper is to find out the reason to Legalize Euthanasia, to enquire about why people should be forced to live in unbearable pain, based on both primary data of 30 students has been collected through Questionnaire and analyzed that it should be lagalised in order to make the patient feel at ease in order to end his pain which is not curable from last 20 years and secondary data through case study analysis and legislations. In order to ensure good health and relieve patients from severe pain.
Keywords: Euthanasia, (PVS) Permanent Vegetative State, Best Interest Human Rights, Legality, Unbearable Pain, Palliative Care, Good Death, Legality
1. LITERATURE REVIEW 1. 1 Historical Background
According to historian NDA. Kemp, the origin of the contemporary debate on Euthanasia started in 1870. Nevertheless, Euthanasia was debated and practiced long before that data.
Euthanasia was practiced in Ancient Greece and Rome: Hemlock was employed as a means of hastening death on the island of kea, a technique also employed in Marseilles and by Socrates in Athens. Euthanasia, in the sense of a person's death was supported by Socrates, Plato in the ancient world, although Hippocrates appears to have spoken against the practice. He was not in favour of giving such an advice that may cause death of an individual.
1.2 Meaning of Euthanasia
Euthanasia is Greek word Youthanazia. It is a combination of two words Eu- 'Good', and Thanatos- 'Death', means to 'Die Well'. Euthanasia is defined as the 'Termination of Human Life by painless means for the purpose of ending physical suffering. Sometimes, Euthanasia is also defined as killing a person rather than ending the life of a person who is suffering from some terminal illness, also called as 'Mercy Killing' or killing in the name of compassion.
Euthanasia is usually used in the context 'Terminally ill' patients. But the word
"Terminally - I'll" is ambiguous not well defined anywhere and usually describes patients who are suffering from Fatal Disease including those who are in Permanent Vegetative State.
1.3 Euthanasia is usually given in
Terminally ill patients
Suffering from fatal disease
Permanent Vegetative State 1.4 Palliative Care
Eliminating the invalid: Euthanasia opposes argue that if we embrace ‘the right to death with dignity’, people with incurable and debilitating illnesses will be disposed from our civilised society. The practice of palliative care counters this view, as palliative care would provide relief from distressing symptoms and pain, and support to the patient as well as the care giver.
Palliative care is an active, compassionate and creative care for the dying.
1.5 Common Reason to Legalize Euthanasia
Seeilking the compassionate relief of pain and suffering
Providing protection for doctors who behave compassionately,
Showing respect for human rights and assisting in the containment of the health cost.
1.6 Unbearable Pain
An individual is in a great pain, many actions are taken in treatment of pain to weaken the Euthanasia and Assisted Suicide. The disease can be cured if proper treatment is provided.
Euthanasia granted to the patients in permanent vegetative state 1.7 Demanding A Right to Commit Suicide
Euthanasia is not about the right to die, it's about Right to kill'. Thus Euthanasia is not about giving right to the person who dies but is about changing the law and public policy so that Doctors, Relatives, others can directly and intentionally end another person's life. Euthanasia and suicide is not one and dame thing. It is granted only when the person is in PVS Stage.
1.8 Should People Forced to Stay alive in Critical Condition
This is most important concern that when Euthanasia to be granted and why people are forced to stay alive most critical condition. One should not be forced to stay alive. Law and Medical Ethics require that "everything be done to keep person alive "Insistence against the patient’s wishes, that death. Be postponed by every means available is contrary to law and practice. It would also be cruel and inhumane. There comes a time when continued attempts to cure are not compassionate, wise or medically sound. The Only Intervention should be directed to alleviating pain as well as to provide support for both the patient and the patient's loved ones.
So, in all the above three cases Euthanasia be granted to the patient.
2. RESEARCH OBJECTIVES
1. To Check Legality of Euthanasia
2. To check why people forced to live in Permanent Vegetative State 3. HYPOTHESIS
1. People are aware about Euthanasia and they want to Legalize it 2. They understand the need of applying Euthanasia
3. They feel the pain of those ill patients who are in critical condition 4. METHODOLOGY
1. The study - study is based on primary data, used to study the impact of legalizing Euthanasia and check whether they accept the Legality of Euthanasia.
2. Data Collection Tool - A Self designed questionnaire was designed to analyse the impact of Legalizing Euthanasia on people
3. Case Study Analysis- to check in which cases and in which countries, it was legalized and the study the challenges faced by them
5. CASE STUDY ANALYSIS
New Jersey- This was the First Case to bring issue of Euthanasia into the public eye.
Nancy Cruzen- Cruzan had gone into an irreversible Coma In 1983, after a severe car crash, and her parents wanted the machine that was keeping her alive removed. , Machine was provided to cruzan with the hydration and nutrition. Her parents viewed the removal of the machine as the termination of unwanted treatment.
Aruna Shangbaug- Most famous case in Euthanasia, The issue of Euthanasia was a burning issue in Europe, North America, and Asia. In early 19 th Century, this world came to be used in the sense of speeding up the process of dying and the destruction of
so-called useless lives and tidy, it is defined as the deliberate ending of his life of a person suffering from an incurable disease.
Gian kaur v. State of Punjab- Constitution Bench upheld the Validity of Section 309.
In this case, the Appellants who were convicted under section 306 for 'Abetment of Suicide'. Contended that if section 309 dealing with 'attempt to commit suicide' was unconstitutional, for the same reasons, Section 306 which deals with 'abetment of suicide' must be treated as Unconstitutional. But the Supreme Court upheld the decision of P. Rathinam case and gian Kaur case.
C-Test in case of Adult Patients- if the capacity of an individual is so reduced by his chronic mental illness and that he did not sufficiently understand the nature, purpose and effects of the preferred medical treatment. This was the Test of Competency, known as C-Test.
MB Medical Treatment in case of Pregnant women-In the "The principal of Best Interest" , if an adult did not have the capacity , at the time purported refusal and continued not to have that capacity or if his or her capacity to make a decision had been over borne by others.
6. OPPOSITION AND ACCEPTANCE OF EUTHANASIA
1. Euthanasia was strongly opposed in Judeo Christian Tradition- Thomas Aquinas opposed both and argued that the practice of Euthanasia contradicted our natural human instinct of survival. Whereas, John Donne, was in favour of Euthanasia. Since, then Euthanasia continued to be practiced.
2. Suicide and Euthanasia were acceptable under Protestantism and during the enlightenment.
3. Other cultures have take common Reason to Legalize Euthanasia the perceptions of Euthanasia are different in Japan from those in other parts of the world.
4. Belgium- Euthanasia was passed in May 2002. The law allows adults who are in futile medical condition
5. The Netherlands- assisted dying legislation in 2002. Patients, who are in incurable condition, face unbearable suffering, and mentally competent may be eligible for voluntary Euthanasia or Assisted Dying.
6. Switzerland- voluntary Euthanasia is forbidden in Switzerland. However, Article 115 of the Swiss Penal Code exempts people who assist someone to commit suicide, if they act with entirely honorable motives
7. Oregon (USA)- The Oregon Death with dignity act has been in place for 10 years. It gives terminally ill, mentally competent people the option of an assisted death.
7. LEGALIZING EUTHANASIA - CONTROVERSIAL ISSUE
In Europe and America, are continuing. The Argument for Legalizing Euthanasia we that the individual's freedom entails Liberty or Choice in all matters, the Rights of any other person are not infringed upon. It will lead to Disrespect for Human Life. It cost money from the Family or the government to keep terminally ill people on life support which will be unfortunately the wastage of resources if they die eventually.
7.1 Principles of Analysing the Euthanasia
Principle of Motive- Principal of the Law is to give priority prevention of evil over accrual of a benefit. Thus, Euthanasia is forbidden because of the potential evil inherent in it.
1. Members of the family must have intention of hastening death in order to inherit the deceased property.
2. Patient in full knowledge of the underlying intention of committing a crime.
3. The Physician involved in Euthanasia either as an active participant or an advisor may have intentions relating to self interest and not the interest of the patient or those of religion.
Principle of Certainty - Brain Death , Partial and complete, is still controversial and it is possible that new medical technology could reverse brain death The Implication of Brain Death is that once a person is declared dead with certainty, the withdrawal of life support does not constitute homicide and is not a case of Euthanasia.
Principle of Injury- The Law requires that any injury should be mitigated to the extent possible. However, one injury cannot be removed by another injury of similar magnitude.
A lesser injury can be removed by a bigger one but not at the cost of Euthanasia.
Principle of Hardship- In cases of Hardship, where a clear necessity is established, the prohibited can be allowed at least temporarily until the hardship is relieved
Principle of custom- Custom is defined as what is uniform, wide spread, predominant and not rare. Euthanasia is here also has no Legal Basis. Physicians have no right to interfere with the Fate which was fixed by God. Therefore it's said that physicians must concentrate on the quality of the remaining life and reversal of death.
However, ordinary medical care and nutrition cannot be stopped. This can best be achieved by Hospital having a clear and public policy on life support without regard to age, gender, religion on race.
8. ROLE OF INDIAN JUDICIARY
"The care of human life and happiness and not their destruction is the first and only legitimate object of good government"
In our dad today life, we often come across terminally ill patients that are bedridden and are totally dependent on others. It actually hurts their sentiments. Looking at them one must say that Death would be a better option for them rather than living such a painful life, which is painful physically as well psychologically. But if one looks at the Netherlands where Euthanasia is made legal, one can see that how it is abused.
Parliament has laid down some conditions under which Euthanasia will be lawful:- 1. Consent of the patient must be obtained,
2. The Economic or financial condition of the patient or his family is very low, 3. Intention of the Doctor must not be to cause harm,
4. Intention of Relatives must not be to inherent the diseased property, 5. Proper safeguard must be taken to avoid abuse of it by Doctors 9. LEGALITY IN HUMAN RIGHTS
In 1948, the Universal Declaration of Human Rights declared that the foundation of freedom, justice, and peace in the world is the 'recognition of the inherent dignity and of the equal and inalienable rights of all the members of the human family.
Further, “Everyone has the right to life" and "all are equal before the law and are entitled without any discrimination to equal protection of the law".
"Every human being has the inherent right to life; this right shall be protected by law. No one shall be arbitrarily deprived of his life"
A right to have one's life taken on request has never been recognised in codes of ethics or the law of any country. If the right to Euthanasia on Request is genuine, a Doctor was permitted to take the life of the patient who asked for it, the doctor would also be justified and perhaps obliged out of compassion, in taking the lives of others in similar unfortunate circumstances.
1. Common Reasons to Legalize Euthanasia:
Seeilking the compassionate relief of pain and suffering
Providing protection for doctors who behave compassionately,
Showing respect for human rights and assisting in the containment of the health cost.
10. ANALYSIS OF SUMMARY
Illustration 1:- Do you believe it relieves the patient from Unbearable Pain?
Analysis:- from the analysis, come to know that people are aware about that it relieves the patient from unbearable pain , some are in doubt .
Illustration 2:- Should the People forced to stay alive in Permanent Vegetative State?
Analysis: from the analysis, come to know that most of the people are against of forcing the patients to live in Permanent Vegetative State or unbearable suffering.
Illustration 3:- Euthanasia usually used in
Analysis: As from the analysis, it is clearly depict able that people are aware that it usually used in permanent vegetative state.
Illustration 4:- what do you know about Euthanasia?
Analysis:- from analysis , most of the have given their responses merely in favour of Euthanasia , they believe in it, with proper rules and regulations and in order to prevent the abuse and misuse of these practices.
Outcome
1. Public is aware and agree with the Legality of Euthanasia 2. With the proper rules and regulations
3. It's better to end the suffering rather than dying a slow death everyday
4. People said that we can talk with the patients to stay calm and do yoga or meditation so that they can't over think
5. People suggest that euthanasia should be considered as medication to a patient as it relieves his unbearable pain and our duty is to make per sob relax and not to force him to bear pain . Yes I do agree that it is against right to live.
6. Jurisdictions, laws and safeguards were put in place to prevent abuse and misuse of these practices.
7. Here's how it'll go. We'll legalize euthanasia. Soon the number of applications will begin to rise drastically. Soon there'll be so much waiting time on approval of euthanasia that the whole procedure will become counterproductive.
8. It should be made legal in order to provide permanent relief to the patients suffering from pain and fatal disease from a long time
11. CONCLUSION
Euthanasia could be legalized, but all laws should be made very stringent. Every case will have to be carefully examined taking into consideration the point of views of Patient, Relatives, Doctors or Physician. But Whether Indian Society is mature enough to face this, as it is a matter of Life and Death, is yet to be seen.
REFERENCES
1. https://www.longdom.org/open-access/india-decides-on-euthanasia-is-the-debate-over-44121.html 2. https://www.researchgate.net/publication/327011650_The_Current_Status_of_Euthanasia_in_India 3. https://thewire.in/health/passive-euthanasia-now-a-legal-reality-in-india
4. https://humanrights.gov.au/our-work/age-discrimination/publications/euthanasia-human-rights-and-law 5. http://www.legalservicesindia.com/article/787/Euthanasia-in-India.html
6. http://www.bbc.co.uk/ethics/euthanasia/overview/problems.shtml 7. https://www.bbc.co.uk/ethics/euthanasia/overview/introduction.shtml 8. https://www.coe.int/en/web/compass/legal-protection-of-human-rights
9. https://www.legalserviceindia.com/article/l118-Euthanasia-and-Human-Rights.html 10. Marya manes’, "Euthanasia v. Right to Life, "Baylor Law Review",
11. Joseph Fletcher," Infanticide and the ethics of loving concern, 1978 12. J.S. Rajawat, Euthanasia,CriLJ,2010
13. Dr. Ritika Bansal, Euthanasia-Appeal and Plea for Mercy Killing 14. Damin Keown, "End of Life: The Buddhist View",Lancet,2005 15. Angkina Saikia, "Euthanasia-Is it ,'Right to Kill' or 'Right to die'"
