Euthanasia

The term “euthanasia” is brought from the Greek word “euthanatize” meaning “well death”. In recent years, there has been crying debate round the globe over the issue, whether euthanasia is legalized.

Before going ahead on this issue, it is desirable here to first be introduced with this terminology.

Euthanasia is basically killing of patients by doctors at the instance of the patient in order to free him/her of excruciating pain or from terminal illness. Euthanasia may be either active or passive.

Active euthanasia contemplates putting individuals to painless death for merciful reasons, as when a doctor administers a lethal dose of medication to a patient, while passive euthanasia involves not doing something to prevent death, as when doctors refrain from using devices necessary to keep alive a terminally ill patient or a patient in a persistent vegetative state.

As far as legal position on euthanasia in India is concerned, it is quite evident that euthanasia is illegal. In case of active euthanasia there is an intention on the part of the doctor to kill the patient, which would attract clause first of section 300 of the Indian Penal Code, 1860. However, there is a valid consent of the patient, here again the doctor cannot escape from liability and his case would fall under the Exception 5 to the said section.

Further the cases of passive euthanasia or non-voluntary euthanasia would be struck by proviso one to section 92 of the IPC and thus be rendered illegal. It is not out of context to mention here that one should not be confused euthanasia with assisted suicide.

So far as law in India on the aspect of assisted suicide is concerned, it is clear like crystal that abetment of suicide is an offence expressly punishable under sections 305 and 306 of the IPC and after the Supreme Court’s landmark judgment in Gian Kaur v. State of Punjab it is now settled that the “right to life” guaranteed under Article 21 of the Constitution does not by any stretch...