Euthanasia Pdf – Euthanasia In India Debate,Passive Euthanasia is Legal
Euthanasia Pdf -Euthanasia In India Debate,Passive Euthanasia is Legal – The Supreme Court Of India gave its recognition to passive euthanasia (or more popularly referred as mercy killing). With the new order in place, now, a person under medical treatment can decide when to give-up life support. The apex court, while stating its order, noted that a person must be given the “right to die with dignity”.Euthanasia Pdf – Euthanasia In India Debate,Passive Euthanasia is Legal
Head Of Supreme Court Constitution Bench
Five-judge Constitution bench, headed by Chief Justice of India Dipak Misra, also maintained a few regulations on passive euthanasia. Notably, certain guidelines will be in force till legislation is passed by Parliament to deal with the issue. So, here is all you need to know about the case and passive euthanasia in particular.”Euthanasia Pdf – Euthanasia In India Debate,Passive Euthanasia is Legal”
In This Article We Will Discuss About Euthanasia
- What is Euthanasia ?
- Classification Of Euthanasia ?
- Euthanasia Meaning ?
- Article 21 and Euthanasia
- Euthanasia And Living Will
- Passive Euthanasia is legal In India Now .
What Is Euthanasia ? -Euthanasia in India 2018 Pdf
- Euthanasia (“good death”) is the practice of intentionally ending a life in order to relieve pain and suffering. It is also known as ‘mercy killing’.
- In many countries, there is a divisive public controversy over the moral, ethical, and legal issues of euthanasia.
- Euthanasia is Categorised in different ways, which include voluntary, non-voluntary, or involuntary.
- Euthanasia is also classified into active and passive Euthanasia.
Classification Of Euthanasia ?-Euthanasia Pdf
- Involuntary Euthanasia
- Passive vs Active euthanasia
Voluntary euthanasia: Euthanasia conducted with the consent of the patient is termed voluntary euthanasia. Voluntary euthanasia is legal in some countries. Jurisdictions, where euthanasia is legal, include the Netherlands, Colombia, Belgium and Luxembourg.
Non-Voluntary euthanasia: Euthanasia conducted where the consent of the patient is unavailable is termed non-voluntary euthanasia. Non-voluntary euthanasia is illegal in all countries. Examples include child euthanasia, which is illegal worldwide but decriminalised under certain specific circumstances in the Netherlands under the Groningen Protocol.
Involuntary euthanasia: Euthanasia conducted against the will of the patient is termed involuntary euthanasia. Involuntary euthanasia is usually considered murder.
Passive vs Active euthanasia
Voluntary, non-voluntary and involuntary euthanasia can all be further divided into passive or active variants.
- Passive euthanasia entails the withholding of common treatments, such as antibiotics, necessary for the continuance of life.
- Active euthanasia entails the use of lethal substances or forces, such as administering a lethal injection, to kill and is the most controversial means.
Euthanasia debate: Arguments in favour for Euthanasia
Historically, the euthanasia debate has tended to focus on a number of key concerns. According to euthanasia opponent Ezekiel Emanuel, proponents of euthanasia have presented four main arguments:
- People have a right to self-determination, and thus should be allowed to choose their own fate.
- Assisting Subject to Die Might Be a good choice Than Suffering .
- Permitting euthanasia will not necessarily lead to unacceptable consequences.
- There Are Many Countries Like –Netherlands,Belgium And States like Oregon Which Legalised Euthanasia .
- According to These countries legalising And implementing Euthanasia is not Problematic.
Arguments Based on Rights
- People have an explicit right to die . There is No Problem in legalising Euthanasia .
- A separate right to die is not necessary, because our other human rights imply the right to die
- Death is a private matter and if there is no harm to others, the state and other people have no right to interfere.So We can legalise Euthanasia . There Are Many people Who are Suffering in hospitals for years of Years .
- Constitution of India: ‘Right to life’ is a natural right embodied in Article 21 but euthanasia/suicide is an unnatural termination or extinction of life and, therefore, incompatible and inconsistent with the concept of ‘right to life’. It is the duty of the State to protect life and the physician’s duty to provide care and not to harm patients. Supreme Court in Giyan Kaur Case 1996 has held that the right to life under Article 21 does not include the right to die.
There Are some other Arguments in Favours of Euthanasia
Care Givers Burden –
- Caregiver burden is the stress which is perceived by caregivers due to the home care situation. This subjective burden is one of the most important predictors for negative outcomes of the care situation – for the caregivers themselves as well as for the one who requires care.
- Caregivers are all persons who support and help a person in need of care regularly because of personal – not professional – reasons. That means every kind of help and support.
- It doesn’t need to be health care in the narrow sense. The caregiver doesn’t need to be akin with the person they support. Often friends, neighbours or acquaintances provide support, too.
- Right to refuse medical treatment is well recognised in law, including medical treatment that sustains or prolongs life.
- For example, a patient suffering from blood cancer can refuse treatment or deny feeds through a Nasogastric tube. Recognition of the right to refuse treatment gives a way for passive euthanasia.
Encouraging the organ transplantation:
- Euthanasia in terminally ill patients provides an opportunity to advocate for organ donation.
- This, in turn, will 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
Euthanasia debate: Arguments against Euthanasia
- Alternative treatments are available, such as palliative care and hospices. We do not have to kill the patient to kill the symptoms. Nearly all pain can be relieved.
- There is no ‘right’ to be killed and there are real dangers of ‘slippery slopes’.Opening the doors to voluntary euthanasia could lead to non-voluntary and involuntary euthanasia, by giving doctors the power to decide when a patient’s life is not worth living. In the Netherlands in 1990 around 1,000 patients were killed without their request.
- We could never truly control it. Reports from the Netherlands, where euthanasia and physician-assisted suicide are legal, reveal that doctors do not always report it.
- The assumption that patients should have a right to die would impose on doctors a duty to kill, thus restricting the autonomy of the doctor. Also, a ‘right to die’ for some people might well become a ‘duty to die’ by others, particularly those who are vulnerable or dependent upon others.
- Euthanasia weakens society’s respect for the sanctity of life
- Accepting euthanasia accepts that some lives (those of the disabled or sick) are worth less than others
- Voluntary euthanasia is the start of a slippery slope that leads to involuntary euthanasia and the killing of people who are thought undesirable.
- Euthanasia might not be in a person’s best interests, for example, getting old aged parents killed for property will.
- Belief in God’s miracle of curing the terminally ill.
- Prospect of a discovery of the possible cure for the disease in near future.
- Proper palliative care makes euthanasia unnecessary.
- There is no way of properly regulating euthanasia.
- Allowing euthanasia will lead to less good care for the terminally ill.
- Allowing euthanasia undermines the commitment of doctors and nurses to saving lives.
- Euthanasia may become a cost-effective way to treat the terminally ill.
- Allowing euthanasia will discourage the search for new cures and treatments for the terminally. ill.
- Euthanasia gives too much power to doctors.
Euthanasia in India – In landmark decision, Supreme Court allows passive euthanasia, ‘living will’
What is Passive Euthanasia?-Euthanasia Pdf
- Passive euthanasia is a condition where there is withdrawal of medical treatment with the deliberate intention to hasten the death of a terminally-ill patient.
What is a Living Will?-Euthanasia Pdf
- Living will is a written document that allows a patient to give explicit instructions in advance about the medical treatment to be administered when he or she is terminally-ill or no longer able to express informed consent.
- It is a concept associated with passive euthanasia. It is a legal document which allows you to express your wishes to doctors in case you become incapacitated. In a living will, you can outline whether or not you want your life to be artificially prolonged in the event of a devastating illness or injury.
What are the complications with ‘living will’?
Deciding on the question of living will comes with all the legal, moral and philosophical implications.
- Legal – An earlier verdict from the judiciary has noted that right to life under Article 21 does not include the right to die.
- Allowing making a living will would contravene this legal stand.
- Rights – Allowing it would also acknowledge the patient’s autonomy and self-determination to the point of legalising a wish to die.
- Social -There are chances of misusing the provision and leading to the abuse and neglect of the elderly.
- On the other hand, allowing it would relieve the close family members, of a terminally ill patient, of the moral burden of making a life-ending decision.
Why a verdict on passive euthanasia again after Aruna Shanbaug? – Euthanasia Pdf
- This verdict which is set to be delivered is not primarily on passive euthanasia or its legality.
Last year, on October 11, the Centre had categorically informed the Supreme Court that “passive euthanasia” was the law of the land and that the government was in conformity with it.
- The top court in its verdict on March 7, 2014 in Aruna Shanbaug case had permitted passive euthanasia or passive mercy killing under certain circumstances, provided it was backed by the permission of the high court concerned.
What is the contention by the petitioners?-Euthanasia Pdf
- The primary basis of the petition is, “How can a person be told that he/she does not have right to prevent torture on his body?
- Right to life includes right to die with dignity.
- A person cannot be forced to live on support of ventilator. Keeping a patient alive by artificial means against his/her wishes is an assault on his/her body.”
Is the government opposing it?
- Yes, although the government has no problem with practicing passive euthanasia as devised under the Aruna Shanbaug verdict but it has opposed living will in principle.
- The government had opposed the concept of Living Will and the Medical Power of Attorney in case of terminally ill patients.
- The government has argued that consent expressed in the Living Wills could not be considered as “informed”, because the persons who opt for it may not be aware of future medical developments, which can later lead to betterment in the condition of the terminally ill patient today.
- The government has also expressed reservations stating that what if the person who has made a ling will decides to withdraw such a will when he is no more in a condition to give consent.
Note – Will update this post Again And Will provide pdf Download link Also