[UPSC Interview Prep feed Vol.24] Euthanasia Debate in India

Topic Discussed - EUTHANASIA DEBATE IN INDIA

Some basics..

• Euthanasia is the act of allowing or permitting a person to end his life.
• Active euthanasia involves the administration some chemical or other methods to end the life of a terminally ill patient.
• Passive Euthanasia refers to removing the life support which has been keeping that patient alive in the first place.
• Ergo, the former is about "doing something" and the later is about "not doing something".
• There is another classification of Voluntary Euthanasia and Non-voluntary Euthanasia which is self explanatory. 
• USA does not allow active euthanasia but some some states like Oregon, Montana have legalized physician assisted dying.
• Belgium and Netherlands have provisions for active euthanasia as well.
• In India, the SC has allowed Passive euthanasia in the Aruna Shanbaug case.

Suicide law and the Right to Die

• It is very difficult to distinguish between the morality of suicide and right to die or the whole euthanasia debate. But in case of the later, we are dealing with a terminally ill patient who has exhausted all ways of medical recuperation.
• An attempt to suicide is a criminal offence in India as per the section 309 of the IPC, punishable with imprisonment upto to one year and a fine as well.
• But this sec 309 is a important tool when it comes to hunger strikes and self-immolation threats.
• Those who abet suicide can be imprisoned for up to 10 years under the Sec 306 of the IPC. For a long time, this was the only safeguard against the abetment of 'sati'.

The Aruna Shanbaug Case.

• Aruna Shanbaug was a nurse at KEM hospital, Mumbai. She was sodomised by a hospital sweeper, chained and left to suffer. 
• Lack of oxygen reaching her brain for long time resulted in a vegetative state for the rest of 42 year of her life.
• In 2009, a journalist on her behalf made a plea to the SC to allow her to exercise her Right to die.
• The SC refused to give her this right as the applicant could not be taken as the "next friend" of the Aruna. SC said only when the KEM hospital asks, it can allow.
• The KEM hospital gave reports that some evidence shows that she is not entirely brain dead and hence the hospital was against mercy killing in this case.
• But meanwhile SC allowed the concept of Passive Euthanasia and laid guidelines for the future so that pleas can be heard on a case by case basis.

SC guidelines from the ARUNA SHANBAUG case

• On filing of any such 'non-voluntary' euthanasia application, the Chief Justice of the HC should constitute a bench of at least 2 judges to decide on the acceptance of the application. 
• They tehn should ask the opinion of a committee of three doctors. Preferably a neaurologist, psychiatrist and a physician.
• The court must send copies of the report to the relative or the "next friend" as soon as they are available.
• The HC should give it's decision at the earliest giving due weight to the opinion on relative and the committee of doctors.

But what about these facts?

• Jan Grzebski who regained consciousness after a 19-year coma caused by brain tumour.
• Terry Wallis who met with a car accident and regained consciousness after two decades.
• Dan Cassil who revived from a deep coma on hearing his favourite TV show Seinfield.

Final Analysis

• In a society so versatile, volatile and dynamic such as India, the advent of Right to die or Active Euthanasia is bound to be misused. And hence a case by case permission for Passive Euthanasia is the best way as of now at least.
• A liberal society embracing "Right to die" can have dangerous repurcussions. One of the greatest things that has kept this species going is "hope" and surely we would be diluting it's impact.
• "If a person is an a vegitative state, what use is he?" This is a very utilitarian view. Something which makes us less "human" i guess.
• On this note, it must be also mentioned that Sec 309 which criminalizes the attempt to suicide is also a blot on the whole reformative idea of our criminal justice system. Several law commissions have recommended its abolition.
• So lastly, unless the Parliament legislates on this issue, case by case consideration of only non-voluntary passive euthanasia application can be taken up by the courts.