Euthanasia & right to life

Euthanasia & Right to Life

By: Aditya Marwah Hariharan Kumar Indranil Banerjee

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.

Historical Evolution

Types of Euthanasia

Classification can be of 3 types—

a)Active & Passive

b)Voluntary, Non-voluntary and Involuntary c)Assisted & Unassisted

Situation in Netherlands(1st country to legalize euthanasia)

Under the Penal Code, any form of assistance to a person in ending his/her life attracts punishments

However, for public policy, the courts have come up with a defence to the charge of voluntary Euthanasia.

Situation in India

Landmark Case: Aruna Shanbaug

As of now, only passive euthanasia is legal. The court rejected Active Euthanasia.

The court also stated that this decision would become the law of the land till the Parliament enacts an act on Euthanasia.

Does Right to Life include Right to Die in India?

Article 21 of the Indian Constitution grants its citizens the Right to Live but not the Right to Die. 

Inclusion of Right to die under Article 21 will contradict the provision of Indian Penal Code under sec. 309.

Continued….

First time it came for consideration before Bombay High Court in Maruti Shripati Dubal and struck down section 309 of Indian Penal Code, as unconstitutional. The court said that ‘Right to Life’ includes ‘Right to Die’ if one so desires

Euthanasia in Pakistan

Most of the doctors did not

approve of Euthanasia

Euthanasia is still thought of

as a taboo topic in Pakistan.

Active Euthanasia is not

allowed by the law in Pakistan

but Passive Euthanasia does

take place in Pakistan.

Euthanasia in China

Case Of Xia Suwen -suffered from liver problem -Wang MingCheng-son -Dr. Pu Liansheng-doctor -it took 5 yrs. to deliver this judgment

This case shows change in attitude of people towards death. Chinese people are concerned about this word and avoid mentioning death due to the affection of Confucianism, so there is scarcely any open discussion of death.

Provincial legislature of China has rejected calls to legalize euthanasia saying such a move would be unconstitutional for the right of subsistence which is protected by their Constitution.

In large cities, especially in Beijing, many approve of euthanasia.

Position in US

Euthanasia is illegal in all states of the United States.

Physician Assisted Suicide is legal in the states of Washington, Oregon and Montana.

The American Political leader Robert Ingersoll had, in 1894, supported ‘assisted suicide’ in case of persons suffering from terminal illness.

Some other cases

Baxter v Montana

Gonzales v Oregon

Washington v. Glucksberg

Karen Ann case

Terri Schiavo case

-End of Presentation-

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