Euthanasia refers to the practice of ending a life in a manner which relieves pain and suffering. Euthanasia is categorized in different ways, which include voluntary, non-voluntary, or involuntary and active or passive. Euthanasia is usually used to refer to active euthanasia, and in this sense, euthanasia is usually considered to be criminal homicide, but voluntary, passive euthanasia is widely non-criminal. Countries permitting Euthanasia are: (A) The Netherlands (B) Belgium (C) Switzerland (D) Luxembourg (E) Albania (F) USA (only in three states Washington, Oregon and Montana).
The Supreme Court has recently rejected a petition for the mercy killing of ArunaShanbaug, who has been in a "persistent vegetative state" for the past 37 years after being sodomised by a hospital sweeper but permitted passive euthanasia subject to a declaration by a High Court to this effect. In its decision the Supreme Court declared that active euthanasia is illegal as there is no statutory provision to support it, however passive euthanasia is permissible under certain conditions with the approval of the High Court.
Implications of Supreme Court's ruling: The recent ruling of the SC in ArunaShanbaug case provides guidelines distinguishing between passive and active euthanasia, revealing its ambivalence on the issue. The SC held that the decisions will be made case-by-case and made by the High Courts after hearing the family's and a medical board's opinion. Safeguards are essential because the people they pertain to are by definition enfeebled and unable to express themselves. The victims also need special care and protection given that violence towards the elderly over property and inheritance disputes is rampant. Aruna's case opens the debate on euthanasia and the SC judgment highlights a significant legislative lacuna in this area. Now it is up to the parliament to consider these complexities and perhaps reconsider our founding principles in the process, for formulating a Bill on euthanasia.
The Debate on Euthanasia
Positive Side:
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From a child to an aged person each one of us fear death but when a person feels death the only solution to peace and respite, one should understand the extent of his suffering in life. People who have been a vegetable for several years, the person whose body is not responding to any treatment and has no hope, sees mercy killing as the only source of peace, can he be wrong? The one who is dying his death every day; does he not deserve some rest after all the years of suffering? Suffering here is not general prolonged illness but a suffering which has no end but death. Rather than dying every day, the person pleads the world to relieve him of the pain at once.
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Life is a gift of God, and there are several reasons to live it to the fullest amidst all the ups and down. But what for the person who is denied all the gifts at once and is just a body whose heart beats with no other prove of him being living. After seeing the best days of his/her life and keeping up his hope for several years when the person finally realises that the state of suffering is his/her future, why should the person suffer it. One whole day of pain, one whole day of life denial is painful; can you image what the person might be going through?
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When we talk of people suffering, we all sympathies but what when one needs to take the responsibility? Family, relatives, friends feel bad and serve for few days and then the person whom they love are treated as a burden. Denial to physical freedom can be accepted with support of love but is mental support too is taken off, the person dies emotionally and the pain can be understood only by the one facing it.
Negative side:
- Sometimes in life people come across accidents, illness and diseases which does not respond to any of the advanced medical inventions. The technology can only help the person live and try it's best to treat. A lot of effectiveness of the treatment depends on the belief and the wish of the person to get back to the normal life. The option of mercy killing, may lead to loosing hope very soon. As suffering for one day, one year or several years is the painful in the same way and to lose hope is normal but one should not lose hope so soon.
- Death is not an answer to all sufferings. The answer to suffering is fighting to life, is to try best to meet all odds, to live life amidst all odds, and to take it up as a challenge. The reason for challenge with the path to death may be hampered.
- It gives right to another person to take life. No one has the right to take life of the other. How anybody, the court, the lawyers or the doctor decide the fate of someone's life? No one is qualified enough to take the decision.
