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1. EUTHANASIA AND RIGHT TO LIFE BY: IRFAN ELLAHI

2. INTRODUCTION The term EUTHANASIA has several meanings. First of all, term euthanasia comes from Greek word euthanasia, which is used to describe an easy and painless death, so called good death, while in medicine euthanasia means a process of setting the patient who suffers from incurable diseases in order to take him out of misery. In simple term, it means killing of someone for the sake of mercy to relive great suffering. Open and practiced in Netherlands for 20+ years. 5000 cases a year internationally. Main drug used in Euthanasia- Phenobarbital.

3. Historical Evolution Euthanasia is derived from the Greek word meaning ‘good death’. During the time of the ancient Greek and Roman civilizations, euthanasia or ‘mercy Killing’ was allowed if and only if the person concerned no longer cared for his own life. In the “Hippocratic Oath” which was written around 400 to 300 BC mentions euthanasia. In the 1300’s it became an illegal act to commit any type of suicide. Other than that, much of the public did not know about euthanasia until the late 1930’s. In 1939 the Nazis made a program called Action T4 in which they killed children under three who had mental and physical problems. This program was soon extended to older children and adults. In 1995, Australia legalized euthanasia but was overturned in 1997. Washington and Oregon are the US states in which euthanasia is allowed. Netherlands is the first country to legalize Euthanasia.{2002}

4. TYPES OF EUTHANASIA VOLUNTARY EUTHANASIA NON-VOLUNTARY EUTHANASIA INVOLUNTARY EUTHANASIA ACTIVE EUTHANASIA PASSIVE EUTHANASIA ASSISTED EUTHANASIA

5. VOLUNTARY- The person wants to die and says so. This includes: - refusing medical treatment. - asking for medical treatment to be stopped. - asking for life support to be switched off. - refusing to eat. NON-VOLUNTARY- The person cannot make a decision or cannot make their wishes known. This includes: - coma patients - child and infant patients - severely brain damaged patients - senile patients INVOLUNTARY- The person wants to live but is killed anyway. This includes: - patient being refused a life sustaining treatment - drugs being too costly - a limited supply of organs for a transplant. - patient being on a long waiting list

6. ACTIVE- The medical professionals, or another person, deliberately do something that causes the patient to die. Active euthanasia is when death is brought about by an act for example when a person is killed by being given an overdose of pain-killers . Main drug used in Euthanasia- Phenobarbital. PASSIVE- The patients dies because the medical professionals either don’t do something necessary to keep the patient alive, or when they stop doing something that is keeping the patient alive. This includes: - switching off life-support machines - disconnecting the feeding tube - not carrying out of a life-extending operation - not giving the patients life exchanging drugs

7. EUTHANASIA IN TODAY’S WORLD Countries which have legitimized euthanasia:- - The NETHERLANDS both Assisted suicide and passive Euthanasia legal since 2001.{1 ST COUNTRY TO LEGALISED IT} - BELGIUM- legal since in 2002.{2 ND COUNTRY TO LEGALISED IT} - In the USA, Euthanasia is not legal at the federal level but is legal in some states, such as OREGON AND WASHINGTON. - SWITZERLND{ONLY ASSISTED SUICIDE} - INDIA and ENGLAND{ONLY PASSIVE UTHANASIA}

8. ADVANTAGES AND DISADVANTAGES OF EUTHANASIA Advantages of Euthanasia:- 1- Euthanasia provides a way to relieve extream pain. 2- Euthanasia provides a way to relief when a person’s quality of life is life. 3- It is another case of freedom of choice – the right to commit suicide. 4- people should not be forced to stay live. Disadvantages of Euthanasia:- 1- Euthanasia devalues human life. 2- Euthanasia will become non-voluntary. 3- Euthanasia would not only be for people who are terminally ill.

9. Situation in India DOES RIGHT TO LIFE INCLUDE RIGHT TO DIE IN INDIA? Article 21 of Indian Constitution guarantees Right to life and personal liberty . Right to life means Right to live with Dignity and not mere physical existence,- MANEKA GANDHI VS. UNION OF INDIA. But do we have Right to Die as a Fundamental Right? STATE OF MAHARASTRA VS. MARUTI SRIPATI DUBAL - Bombay High court held that the right to life guaranteed under article 21 includes right to die. Section 309 IPC- punishment for attempt to commit suicide by a person was held unconstitutional. In P RATHINAM VS. UNION OF INDIA division bench of the supreme court upheld MARUTI SRIPATI DUBAL CASE held that right to life, Article 21 also include right to die and laid down that section 309 of Indian Penal code deals with ‘ attempt to commit suicide is a penal offence’ unconstitutional.

10. This issue raised before the court in GIAN KAUR VS. STATE OF PUNJAB . Five judge Constitutional bench of the Supreme court overruled the P. RATINAM’s case. It was held that Right to Life under article 21 does not include Right to die or Right to be killed. Also, there is no ground to hold that the section 309, IPC is constitutionally invalid. Is Euthanasia is legal in India? In India Euthanasia is a crime. Section 309 of the Indian Penal Code deals with attempt to commit suicide and section 306 of the IPC deals with abetment of suicide- both actions are punishable. Only those are brain dead can be taken off life support with the help of family members. But Passive Euthanasia is legal in India under judicial observation. Passive Euthanasia was made legal in ARUNA SHANBAUG’S CASE. The bench did not allow active Euthanasia.

11. Supreme Court guidelines on passive euthanasia The following guidelines were laid down for carrying out passive euthanasia. 1. The decision to discontinue life support needs to be taken either by the parents or the spouse or other close relatives or in the absence of any of them, such a decision can be taken even by a person or a body of persons acting as a next friend. 2. Such a decision can also be taken by the doctors attending the patient as bonafide in the best interest of the patient. 3. Every such decision needs approval from the concerned High Court. 4. When a high court receives such an application, the Chief Justice should constitute a Bench of at least two Judges who should decide to grant approval or not. This bench will nominate and need a report from a committee of three reputed doctors. 5. Before giving the verdict a notice regarding the report should be given to the close relatives and the State. After hearing the parties, the High Court can give its verdict.

12. Why Euthanasia should be Legal? The arguments in favour of euthanasia are: If the patient is unable to sustain his life without pain, the decisions of his family members to end his life should be considered. Euthanasia can relieve the pain and suffering and help the patient to die when he is expected to face a lingering death. Euthanasia not only relieves the patient from physical but also the mental pain. The choice of death in certain cases is as fundamental as the right to live. The person should be allowed to chose to live or not when his life is full of pain, suffering and depends on a life support.

13. Why Euthanasia should not be legal Euthanasia is immoral and devalues human life. No one has the right to take away one’s life as the suffering is based on one’s own karma. There is a bigger possibility of misuse. Euthanasia is similar to suicide and should not be allowed. It is against medical ethics and public policy. Medical ethics call for nursing and taking care of the individual and taking away a life is against the societal norms. Human life is based on hope and therefore, no one should be in the capacity to decide someone’s lifespan. What is the threshold and proximity of pain and when should the decision be taken, are some questions that require answers.

14. CONCLUSION In conclusion, euthanasia is a complex issue that raises many ethical, legal, and moral questions. So, it is important to consider the different perspectives on this issue and weigh the benefits and drawbacks before coming to a conclusion. Ultimately, the decision on whether or not to legalize euthanasia should be based on the values and beliefs of society as a whole. It is important to have open and honest conversations about this topic and to explore all perspective in order to make an informed decision.