Euthanasia: Fighting for 'Right to Die'

The plea of mercy killing sought for the rape victim who has been in a vegetative state for 36 years has raised the debate of euthanasia in India.



The practice of Euthanasia is classified into voluntary euthanasia and involuntary euthanasia based on the consent of the person. It is further classified into active (death through a lethal injection), and passive (withdrawing of life support systems).

In 1997, Oregon in United States passed the 'Death with Dignity Act' allowing patients to inject lethal injections themselves. And in 2002 Dutch Parliament legalised the practice making Netherlands the only country where Euthanasia is legal.

Euthanasia, however, is practised in many countries based on circumstances leading to the request.

In Columbia, doctors are not held responsible if they followed terminally ill patient's request for mercy killing.

In 2003, a UK court granted 'right to die' to a 43-year old woman, paralysed from the neck down.

This is an instance of granting legal sanction to passive euthanasia, in other words a judicial exemption to the law of land.

In India, Euthanasia is illegal. There is no debate to it or judicial exemption practised.

In the past, there have been at least two instances of Indian courts turning down euthanasia requests. In 2001, Patna High Court dismissed a husband's plea seeking mercy killing for his 25-year-old wife who had been comatose for 16 months.

In another case, the Kerala High Court had dismissed a plea from a patient who was suffering from a disabling illness.

Even though euthanasia is far from suicide or assisted suicide, India has been reluctant to opening its door to the practice.

There have been several debates over the years in different sphere at different levels on practice but to no relief.

While the question on whether the practice is ethical or not has stood in its way of even being considered, the debate based on human rights bolsters the case for the practise.

However, with the new case of Aruna Ramchandra Shanbaug brought to the apex court for hearing, it is time for India to open up to euthanasia as a logical and a reasonable solution in certain rare cases.

When medical assistance and life support used to lengthen life span is not unethical, how does cutting someone off life support, when requested, become unethical or illegal?