The right to life under Article 21 also includes the right to live with dignity. In this context, should euthanasia be legalized in India? Comment
Refer – The Hindu
IAS Parliament 8 years
KEY POINTS
Euthanasia (Mercy Killing)
· Euthanasia is the practice of intentionally ending a life in order to relieve pain and suffering.
· Euthanasia is classified into
· Active Euthanasia and
· Passive Euthanasia
Active Euthanasia
· Active euthanasia entails the use of lethal substances or forces, such as administering a lethal injection, to induce death.
· It induces death in controversial means. Thus, not permitted in India.
Passive Euthanasia
· Passive euthanasia entails the withdrawing of life support, such as antibiotics, necessary for the continuance of life.
· It induces death in a natural way and is legal in India.
Fundamental right
· The right to life under Article 21 also includes the right to live with dignity.
· The significance of Fundamental right in India is that, if one relinquishes the right, one can do so only in accordance with procedure established by law.
· Imposing death by way of capital punishment is an example of the right to life being terminated in accordance with the procedure established by law.
· At the heart of the legal problem is the fact that there exists no legislation laying down the procedure to permit a person to take her own life.
· To terminate life, even one’s own life, were it to be done without the authority of law, would amount to an unlawful act.
· In certain cases, it may even be a criminal act. In fact, an attempt to commit suicide is a crime under the IPC.
Arguments in favour of Euthanasia
· The right to life also includes the right to live with dignity.
· But, when you are in pain, that dignity is lost and you are forced to rely on your kith and kin for support.
· People who have an incurable, degenerative, disabling or debilitating condition should be allowed to die with dignity.
· Meanwhile, the caregiver’s burden is also huge and cuts across various domains such as financial, emotional, temporal, physical, mental and social.
· This in turn will also help many patients with organ failure waiting for transplantation.
· Not only euthanasia gives ‘Right to die’ for the terminally ill, but also ‘Right to life’ for the organ needy patients.
Arguments against Euthanasia
· Right to life embodied under Article 21 is natural but, euthanasia is an unnatural termination and thus, incompatible with the concept of ‘right to life’.
· Supreme Court in Gian Kaur Case 1996 has held that the right to life under Article 21 does not include the right to die.
· If euthanasia is legalised, then there is a grave apprehension that the State may refuse to invest in health.
· There exist possibilities of misusing euthanasia by family members or relatives for inheriting the property of the patient.
