legalizing euthanasia

CHENNAI3rd Floor, ‘Creative Enclave’,

148-150, Luz Church Road,Mylapore,

Chennai - 600 004.Tel: +91 - 44 - 2498 4821

BANGALORE Suite 920, Level 9,

Raheja Towers,26-27, M G Road,

Bangalore - 560 001.Tel: +91 - 80 - 6546 2400

COIMBATOREBB1, Park Avenue,

# 48, Race Course Road,Coimbatore - 641018.

Tel: +91 - 422 – 6552921

[email protected]

WEBSITEwww.altacit.com

LEGALIZING EUTHANASIA

FILMA VARGHESETRADE MARK DEPARTMENT



Chennai - 600 004.Tel: +91 - 44 - 2498 4821



Bangalore - 560 001.Tel: +91 - 80 - 6546 2400



Tel: +91 - 422 – 6552921

[email protected]


INTRODUCTION• Euthanasia is derived from the Greek word

meaning “good death”.• An intervention undertaken with the intention of

ending a life, to relive suffering• 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.

• For those with a hopeless condition• Hopeless condition was defined to include:

– Terminal illness– Severe physical or psychological pain– Physical or mental debilitation or deterioration

or– A quality of life that is no longer acceptable to

the individual



Chennai - 600 004.Tel: +91 - 44 - 2498 4821



Bangalore - 560 001.Tel: +91 - 80 - 6546 2400



Tel: +91 - 422 – 6552921

[email protected]


CLASSIFICATIONEuthanasia is divided into subfields which are broken down

circumstantially:Voluntary Euthanasia – euthanasia by consent (2

cases of Voluntary) • Passive – Passive euthanasia is the denial of treatments

which would be necessary to sustain one’s life. In other words, life saving medicines would be discontinued in order to bring about death voluntarily. This is considered passive, in that, the doctor is not directly involved in administering death causing medicines.

• Active – Active euthanasia is the use of lethal substances which results in death. The individual may use devises to his or her own will to induce death voluntarily.

Involuntary Euthanasia• Euthanasia conducted without consent is termed

involuntary euthanasia. Involuntary euthanasia is conducted where an individual makes a decision for another person incapable of doing so. E.g. prolonged comma

Assisted suicide• When the patient brings about his or her own death with

the assistance of a physician, the term assisted suicide is often used instead.



Chennai - 600 004.Tel: +91 - 44 - 2498 4821



Bangalore - 560 001.Tel: +91 - 80 - 6546 2400



Tel: +91 - 422 – 6552921

[email protected]


THE TABOO OF EUTHANASIA

Religious views have shaped morality, ethics and therefore law, as a result, euthanasia is not practiced in many countries.– What is interesting to note is that even

with the large diversity in the world the majority embrace a moral value which bans the use of euthanasia from being practiced.

• Christianity – Your body isn’t yours its property of god. (1 Corinthians 6: 19-20)

• Islam – Do not kill (or destroy)• Hindu – Urge against the practice due

to the damage it creates to ones Karma.

• Orthodox Church – Opposes euthanasia– Nearly all religious groups, forbid

euthanasia



Chennai - 600 004.Tel: +91 - 44 - 2498 4821



Bangalore - 560 001.Tel: +91 - 80 - 6546 2400



Tel: +91 - 422 – 6552921

[email protected]


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 defense to the charge of voluntary Euthanasia.Other nations like Oregon, Washington and Belgiu have recognized the right to die with dignity under their statutory law, i.e. the Oregon State has enacted the Death with dignity Act, 1997.



Chennai - 600 004.Tel: +91 - 44 - 2498 4821



Bangalore - 560 001.Tel: +91 - 80 - 6546 2400



Tel: +91 - 422 – 6552921

[email protected]


SITUATION IN INDIA - RIGHT TO LIFE

• The right to life guaranteed and implied as a

universal right• “Right to Life” - the right of a person to live

with human dignity. • There is a controversy which argues whether

the “right to live” includes a “right to die”.• In State of Maharashtra Vs Maruti

Shripati Dubal, the Bombay High Court said, “Everyone should have the freedom to dispose of his life as and when he desires”.

• And this decision was upheld in P Rathinam Vs Union of India here in this case the Supreme Court said that, “A person cannot be forced to enjoy life to his detriment, disadvantage or disliking”.



Chennai - 600 004.Tel: +91 - 44 - 2498 4821



Bangalore - 560 001.Tel: +91 - 80 - 6546 2400



Tel: +91 - 422 – 6552921

[email protected]


• In the case of Gain Kaur's, a 5 Judge Bench overruled “P Rathinam's case”, and said, “The 'right to life' under Article 21 of the Constitution of India does not include the 'right to die' or 'right to be killed'... the right to life would mean the existence of such a right up to the end of natural life. This also includes the right to a dignified life up to the point of death including a dignified procedure of death”.

• Aruna Ramchandra Shanbaug Vs. Union of India In this Case the Supreme Court of India laid a decision saying that, “right to live with dignity also includes within its scope, the right to die with dignity”

CONTINUED….



Chennai - 600 004.Tel: +91 - 44 - 2498 4821



Bangalore - 560 001.Tel: +91 - 80 - 6546 2400



Tel: +91 - 422 – 6552921

[email protected]


Aruna Ramchandra Shanbaug Vs. Union of India The Supreme Court of India allowed for passive euthanasia (i.e.) the withdrawal of the life supporting system. A person who is attempting to suicide and requesting to die with dignity has some difference. It is that as per Human Rights, a man should hold certain rights to have a dignified death. A prior attention to Netherlands which provides a “Right to Die with Dignity” to its people is required. The other facets that proponents seek to use as their basis for legalization of euthanasia include the right against torture, right to privacy and self-determination. Right to Life guaranteed under the Indian Constitution protects the people against all forms of Torture and this would include the right to not live with pain and suffering which would tantamount to torture. There are many cases where death by withdrawal of life supporting system has been allowed in states which do not allow euthanasia in case of patients under “permanent vegetative state”. This is one of the sorts of passive euthanasia which allows a patient to reach his death without any active steps. Here the court rejected the plea of euthanasia, but it laid guidelines for passive euthanasia after setting a medical panel to examine her. The court allowed withdrawing the life supporting system allowing for a passive euthanasia.

CONTINUED….



Chennai - 600 004.Tel: +91 - 44 - 2498 4821



Bangalore - 560 001.Tel: +91 - 80 - 6546 2400



Tel: +91 - 422 – 6552921

[email protected]


CONTINUED….

The medical law jurisprudence adds further support towards accomplishing the goal of recognizing Active and passive forms of euthanasia. The right to refuse treatment is another principle which is accepted by numerous countries and juristic systems. In Sidaway Vs. Board of Governors of the Bethlem Royal Hospital, the Court held that the right to refuse treatment receives protection under the common law and it was also held that the same was a basic human right. The United States Courts have gone further to state that a person deciding against treatment would not be in the same shoes of a person who attempts to commit suicide, which is a punishable offence in most common law and juristic system. To bring about a change in the law recognizing passive euthanasia, this punishable offence has been made redundant by amending acts.



Chennai - 600 004.Tel: +91 - 44 - 2498 4821



Bangalore - 560 001.Tel: +91 - 80 - 6546 2400



Tel: +91 - 422 – 6552921

[email protected]


LEGALIZATION OF PHYSICALLY ASSISTED

SUICIDE AND EUTHANASIAArguments supporting legalization of

PAS/euthanasia• It provides a way to relieve extreme pain• It provides a way to relief when a person’s

quality of life is low.• Frees up medical funds to help other people.• Proponents perceive PAS as an act of humanity

toward the terminally ill patient. • They believe the patient and family should not

be forced to suffer through a long and painful death, even if the only way to alleviate the suffering is through suicide.

• According to the proponents of PAS, it becomes ethical and justified when the quality of life of the terminally ill patient becomes so low that death remains the only justifiable means to relieve suffering.



Chennai - 600 004.Tel: +91 - 44 - 2498 4821



Bangalore - 560 001.Tel: +91 - 80 - 6546 2400



Tel: +91 - 422 – 6552921

[email protected]


CONTINUED….

• Lack of any justifiable means of recovery and the dying patient himself making the choice to end his life are conditions which make euthanasia more justifiable.

• circumstances of terminal illness, pain, increased disability, and fears of becoming (or continuing to be) a burden to family and friends.

• Given the possibility that these symptoms and circumstances may not be relieved, even with aggressive palliative care and social services, the decision to hasten one's death may seem rational.

• Proponents of euthanasia also criticize the “artificial and impractical” demarcation drawn by the court and the religious organizations between active and passive euthanasia.



Chennai - 600 004.Tel: +91 - 44 - 2498 4821



Bangalore - 560 001.Tel: +91 - 80 - 6546 2400



Tel: +91 - 422 – 6552921

[email protected]


Arguments against Euthanasia • Euthanasia would not only be for people who are

“terminally ill”.• Euthanasia can become a means of health care

cost containment.• Euthanasia will become non-voluntary.• Euthanasia is a rejection of the importance and

value of human life.• Euthanasia devalues human life• Euthanasia can become a means of health care

cost containment• Physicians and other medical care people should

not be involved in directly causing death. (the medical profession is guided by a desire to heal and extend life)

CONTINUED….



Chennai - 600 004.Tel: +91 - 44 - 2498 4821



Bangalore - 560 001.Tel: +91 - 80 - 6546 2400



Tel: +91 - 422 – 6552921

[email protected]


There is sufficient legal basis to include within the ambit of the law the right to euthanasia.

The law needs to play the role of a equilibrium in such a situation wherein it must empathize with the suffering and needs of terminally ill persons and at the same time reconcile with stern principles and legal concepts present under various laws.

CONCLUSION



Chennai - 600 004.Tel: +91 - 44 - 2498 4821



Bangalore - 560 001.Tel: +91 - 80 - 6546 2400



Tel: +91 - 422 – 6552921

[email protected]


THANK YOU

legalizing euthanasia

Law