EUTHANASIA: THE DEBATE ENCIRCLING THE RIGHT TO DIE IN INDIA!

November 30, 2022
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Image Credit : India Today 

Author : Advocate Siddhi Gokuldas Naik, BA.LLB, LLM

“The web of our life is of a mingled yarn, good and ill together!”

-William Shakespeare

In this world, there is no possibility of stability of any sort and no enduring state to anything. Where everything is entangled in uncertainty, so are the events of our lives. Life itself is a sea filled with rocks and whirlpools which are avoided by a man with utmost care and caution, although he is well aware of the fact that even if he succeeds in battling against all the difficulties, at every step he gets closer to the greatest inevitable moment of his life, that is ‘Death.’ 

The astounding advancements in medical technology have had a major influence on society. Issues concerning the lives of the people and the ideals of society are brought to the forefront. The Right to Die with dignity i.e., the freedom to manage one’s own body, destiny, and nature, including the choice of when and how to die, has turned into a great controversy with the coming of a concept termed Euthanasia.

WHAT IS EUTHANASIA?

The term Euthanasia derives its origin from the Greek terms, “eu” and “thanatos” which mean “happy death” or “easy death”. It is also known as mercy killing. It means putting someone to die without pain, especially when the person is experiencing unending suffering in life or when the person’s physical and mental impairment has rendered life meaningless.

Euthanasia or Mercy Killing is the term used to describe this willing acceptance of death. ‘Dayamaran’ is another name for Euthanasia. Saints or heroic persons embrace Icchamaran or voluntary death when they believe that they have served their purpose in life and are ready to pass on the same. In India, there are several forms of voluntary death including Sati (Widows jumping in the funeral pyre of their husbands), Johars (Self-immolation), Samadhi (Intense meditation before attaining death), and Prayopaveshan (Starving to death).

There are five kinds of Euthanasia:

  1. Active Euthanasia: Positive merciful act to end useless suffering and meaningless existence. It is an act of commission.
  2. Passive Euthanasia: To let die. Here all the life-sustaining measures that will prolong life will be discontinued.
  3. Voluntary Euthanasia: When the concerned person gives consent.
  4. Involuntary Euthanasia: When it is against the consent of the concerned person.
  5. Non-Voluntary Euthanasia: When the person is in such a condition that he cannot possibly give his consent. The relatives may give consent for his death at that time.

THE LEGALITY OF EUTHANASIA-

Humankind has practiced Euthanasia for a long time. Helping someone to end their life was acceptable in several circumstances in ancient Greece and Rome. Euthanasia has always been a subject of controversy all around the globe. Countries like Netherlands, Belgium, Colombia, and Luxembourg have legalized it. Also, Switzerland, Germany, Japan, and some other states in the United States of America allow assisted suicide whereas countries like Mexico and Thailand make it illegal. Speaking of our country India, Passive Euthanasia is legal, while the debate encircling Active Euthanasia has not reached any conclusion yet.

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