LOC_Euthanasia and its Constitutionality

LOC

1. Euthanasia and its Constitutionality Presented By: Ashish Sonawane

2. Introduction As enunciated by Justice D.Y. Chandrachud, “Life and death are inseparable. Every moment our bodies undergo change…life is not disconnected from death. Dying is a part of the process of living.” Mercy killing

3. What is euthanasia The word ‘euthanasia’ is a product of two Greek words ‘eu’ meaning ‘good’ and ‘thanatos’ meaning ‘death’. When a person is suffering for a long time due to an ailment and there seems no way to mitigate the pain, death seems to be the only escape. It is an intentional killing of a terminally ill patient by some means.

4. Active and passive euthanasia Lethal drug or Life support removal Voluntary and involuntary euthanasia Consent and desire of the patient Self-administered and other administered euthanasia Patient or other people Types of euthanasia

5. Indian perspective History of euthanasia in India Timeline of the changes in legal perspective -In the case of Rathinam v. the Union of India in 1994, the honorable Supreme Court of India declared Section 309 to be unconstitutional, violated Article 21 - Gian Kaur v. the State of Punjab in 1996 - Article 21 guarantees the right to life and this is inconsistent with the right to die. Thus, Section 309 does not violate Article 21 -The debate erupted again in 2011 with the case of Aruna Ramchandra Shanbaug v. the Union of India (2011).

6. Indian perspective Aruna Ramchandra Shanbaug v. the Union of India (2011). Ms. Pinki Virani whether Article 21 also included the right to die The Court finally recognized passive euthanasia as legal without any legislation, active euthanasia was completely prohibited board of three expert doctors assigned by the Bench itself.

7. Indian perspective Guidelines Relatives, Doctor, best interests of the patient. High court approval, Parens Patriae - state has inherent power and authority to protect such persons who are legally incapable to protect their interests themselves, Chief Justice of the HC must form a bench of two judges who would act on the assessment of a board of three expert doctors assigned by the Bench itself.

8. Current status of euthanasia in India Post the judgement in the Common Cause case, the right to die with dignity has been held as a fundamental right. Passive euthanasia has been legalised. In cases where medical experts have declared that a patient has an incurable disease and has reached a point where there is no recovery, the patient has a right to refuse to sustain via artificial means and can opt for passive euthanasia to avoid the pain and suffering. The concept of living will has been recognized. It is a written document where a patient gives instructions beforehand about the future that when he/she is terminally ill and is no longer capable of expressing his consent, he/she must be administered passive euthanasia if the medical experts declare that there are no life-saving options are left.

9. Global perspective US In the US, active euthanasia for humans is illegal in most states. However, it is frequently used for sick or injured animals.Passive - legal. UK Euthanasia is illegal and a person administering it can be prosecuted for manslaughter, in Northern Ireland. The Netherlands was the first European country to legalise euthanasia and assisted suicide in 2001. Euthanatia Tourism.

10. Case laws on euthanasia Maruti Shripati Dubal v. the State of Maharashtra (1986) In this case, the petitioner was a police constable who suffered from a mental illness after a road accident. He was diagnosed with schizophrenia and also suffered from depression. Once he tried to burn himself by pouring kerosene on his body and setting himself on fire. But he was stopped by the police. Subsequently, he was charged with Section 309 of the IPC for an attempt to suicide Judgment of the Court The Court held that Section 309 was violative of Articles 14, 19, and 21. Thus, the petitioner was not held liable under Section 309. However, the decision was overruled in the case of Gian Kaur v. the State of Punjab (1996)

11. Conclusion Initially euthnatia is illegal in India but as time moves some of the provisions in some case i.e. Passive euthnatia are made to make it legalise. Courts have played a role in providing guidelines, and the evolving nature of euthanasia laws requires thorough discussion to respect citizens' rights while balancing the interests of the state and society.