Euthanasia

Source: The Hindu (Euthanasia)

Why in NEWS ?

The U.K. House of Commons recently voted to legalize assisted dying, marking a significant shift. Supporters view it as compassionate, while opponents worry about vulnerable patients feeling pressured to end their lives.

Current law criminalizes assisting suicide, but the proposed Bill allows terminally ill patients with less than six months to live to choose assisted death, with strict safeguards involving doctors and a High Court judge.

India has legalized passive euthanasia (withdrawing life support for terminally ill patients) through the Supreme Court’s ruling.

Relevance for UPSC Syllabus

(GS II- Governance, Polity, and Constitution):

  1. Fundamental Rights:
    • Right to life under Article 21 of the Indian Constitution.
    • Judicial interpretations expanding Article 21 to include the right to die with dignity.
  2. Health and Social Justice:
    • Ethical dilemmas faced by healthcare professionals in cases of euthanasia.
    • Draft guidelines for withdrawing medical support for terminally ill patients.

(GS IV – Ethics, Integrity, and Aptitude):

  • Ethical dilemmas surrounding euthanasia and assisted dying.
  • Principles of morality, dignity, and compassion in end-of-life care.

Essay Writing:

  • Topics like:
    • “Right to Die with Dignity: Ethical and Legal Perspectives”
    • “Balancing Human Dignity with Medical Ethics: The Debate on Euthanasia”

What is Euthanasia ?

Euthanasia refers to the practice of intentionally ending a life to relieve suffering and pain. It is often described in two forms:

  1. Active: Deliberately causing a patient’s death through actions like administering a lethal drug.
  2. Passive: Withholding or withdrawing medical treatments necessary to prolong a patient’s life, allowing them to die naturally.

There are several ethical, legal, and moral perspective on assisted dying:

  • Ethical Perspective: Balances the right to life with the right to die with dignity. It considers the principles of autonomy (a person’s right to make decisions about their own body) and beneficence (relieving suffering).
  • Legal Perspective: Questions whether an individual has a legal right to end their life or seek assistance in doing so.
  • Philosophical Perspective: Involves debates on morality and the sanctity of life versus the quality of life.
  • Religious Perspective: Many religious doctrines oppose it, viewing life as sacred and divinely ordained.

Euthanasia in the Indian Context

India recognizes only passive form of assisted dying, as active euthanasia remains illegal. The country’s legal stance has evolved through significant judicial rulings and regulatory developments.

Judicial Orders and Case Laws

  1. Aruna Shanbaug – Case (2011):
    • Recognized passive form for the first time in India.
    • Allowed withdrawal of life support for patients in a permanent vegetative state under specific conditions.
  2. Common Cause vs. Union of India (2018):
    • Affirmed the right to die with dignity under Article 21 of the Constitution.
    • Legalized passive euthanasia and introduced the concept of a living will.
    • Issued guidelines for executing living wills, including the involvement of two witnesses and judicial approval.
  3. Modification of Guidelines (2023):
    • The Supreme Court simplified the process for passive euthanasia, addressing concerns that the 2018 guidelines were overly complex and burdensome.
    • Introduced strict timelines for the process and limited the role of the Judicial Magistrate.
  4. Draft Guidelines by Health Ministry (2023):
    • Proposed guidelines for withdrawing medical support from terminally ill patients.
    • Emphasized the need for healthcare professionals to refrain from initiating life-support measures that cause unnecessary suffering and loss of dignity.

Comparative Analysis of Euthanasia in India and Abroad

  • India:
    • Only passive euthanasia is permitted.
    • Strong judicial oversight and stringent guidelines for its implementation.
    • Reluctance to legalize active euthanasia due to ethical and social concerns.
  • International Perspective:
    • Countries like Switzerland, the Netherlands, and Belgium permit both active and passive euthanasia under strict conditions.
    • Assisted dying is debated worldwide, with arguments about autonomy, dignity, and misuse.

Challenges in Implementing Euthanasia in India

  1. Social and Cultural Sensitivities: Indian society places a high value on the sanctity of life, often influenced by religious beliefs.
  2. Lack of Awareness: Limited understanding of living wills and euthanasia among the public and healthcare professionals.
  3. Healthcare Infrastructure: Palliative and hospice care services remain underdeveloped, leaving terminally ill patients without adequate support.
  4. Ethical Dilemmas: Concerns about potential misuse of euthanasia laws to pressure vulnerable individuals into ending their lives.

Conclusion

Euthanasia reflects the intersection of law, ethics, and medical science. While India’s recognition of passive euthanasia is a step forward in safeguarding dignity in death, the nation must improve healthcare infrastructure and awareness to ensure that this right is exercised judiciously. For UPSC aspirants, euthanasia serves as a multidimensional topic that tests knowledge of governance, ethical principles, and constitutional values.

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