Mercy Killing Law in India
When a person chooses to live but is killed anyway, it is called involuntary euthanasia. This is commonly referred to as murder; In some situations, however, the murder may be justified as being for the benefit of the deceased. Euthanasia is derived from a Greek word called “Euthnatos,” which means to kill easily. The murder of a person or patient suffering from an incurable and terrible disease or without pain in an irreversible coma. Euthanasia can be understood as mercy killing. A person who chooses euthanasia has an incurable disease. However, there are times when some people want to end their lives. In many cases, this is done at the request of the person, but there are times when they are too sick and the relatives, doctors or courts have to make a choice. India`s Supreme Court legalized passive euthanasia in 2018 with certain conditions, allowing patients to withdraw their medical assistance if they fall into an irreversible coma. However, active euthanasia is still illegal in India.
The word “euthanasia” is a Greek word meaning “easy or good death.” Euthanasia is the act or practice of killing or causing the death of a person suffering from an incurable disease or condition, particularly a painful one, for reasons of mercy. In general, euthanasia is the act of ending a person`s life in order to free them from unbearable suffering, pain, misery and dependence. And the 23rd. In December 2014, the Government of India approved and confirmed the Passive Euthanasia Act in a press release after telling the Rajya Sabha that the Honourable Supreme Court of India, in its judgment of 7.3.2011 [WP (Criminal) No. 115 of 2009], rejected the appeal for clemency in a particular case, established comprehensive guidelines for the handling of cases related to passive euthanasia. After that, the issue of clemency was discussed in consultation with the Department of Law and Justice, and it was decided that, since the Honourable Supreme Court had already established the guidelines, they should be followed and treated as law in such cases. At present, there is no proposal to legislate on this issue, and the decision of the Honourable Supreme Court is binding on everyone. Health Minister J. P.
Nadda said so in a written response to the Rajya Sabha. The clemency debate began with the case of Aruna Shanbaug, the Mumbai nurse who spent 42 years in a vegetative state after a brutal attack by a sweeper. Palliative care and difficulties in the quality of life of patients with incurable diseases such as advanced cancer and AIDS have become a major concern for clinicians in our culture. Another contentious issue has emerged in response to this concern: euthanasia, or “mercy killing” of terminally ill patients. Proponents of physician-assisted suicide (SAP) believe that a person`s right to autonomy inherently entitles them to a painless death. Opponents argue that a doctor`s role in a patient`s death violates the basic principle of the medical profession. In addition, untreated depression and the risk of social “coercion” in people seeking euthanasia raise doubts about the ethical basis for such a decision. Due to these problems, specific criteria for the introduction of the SAP have been established. The mental health assessment of the person who agrees with the SAP becomes necessary, and the role of the psychiatrist becomes critical in this regard. Despite the fact that the PAS is illegal in our country, it has a number of supporters in the form of non-profit organizations such as the “Death with Dignity” foundation. The recent decision of the Supreme Court of India in the Aruna Shaunbag case (2011) gave impetus to this case.
It remains to be seen how long this sensitive issue will be debated in the Indian Legislative Assembly. These are usually situations where the person who is going to die wants and asks for help to commit suicide. It could be so easy to get drugs for the individual and make those substances available to them. Euthanasia, also known as mercy killing, ensures a less painful death of a person, who in turn will die in pain and suffering. Euthanasia can be divided into 5 types – Meanwhile, under the Prevention of Cruelty to Animals Act 1960, the central government had enacted the Animal (Dog) Birth Control Rules 2001. Ms. Norma Alvares argued that paragraph 11(3)(b) of the Act should not be interpreted in isolation from the other sections of the Act dealing with the prevention of cruelty to animals. In mentioning the same, she wanted to stress that it is important to recall Article 51A(g) of the Indian Constitution, which states that every Indian citizen has a constitutional obligation to show compassion for all living species.
Homeless/abandoned stray dogs particularly deserve social compassion, so killing stray dogs simply because they are stray would constitute a lack of compassion and therefore be a violation of Section 51A(g). Similarly, a complete ban on euthanasia would violate Article 21 of the Indian Constitution as it would constitute a threat to everyone`s right to life. The debate over the ethics of euthanasia, or what is commonly referred to as “mercy killing,” gained prominence in India thanks to the Aruna Shanbaug case. Shanbaug was a nurse at K.E.M. Hospital in Mumbai, who spent 42 years in a vegetative state after being brutally attacked and raped by a sweeper one night. It should also be noted that this situation distinguishes between “assisted suicide” and “euthanasia”. Assisted suicide occurs when a person knowingly assists someone else to commit suicide, for example by empowering them to do so. “Medically assisted suicide” occurs when a doctor helps a patient commit suicide (by prescribing lethal medications).
Since the patient is the one who commits suicide, the patient has absolute control over the process that leads to death. The other person is just helping (for example, by providing the means to act). Euthanasia, on the other hand, can be active, as when a doctor gives a lethal injection to a patient, or passive, as when a doctor withdraws the patient`s life-sustaining system. A distinction must be made between suicide and euthanasia. Suicide occurs when a person intentionally kills themselves by stabbing themselves, consuming poison or otherwise. Undoubtedly, suicide is a conscious attempt to end one`s life. It is the action or event of a person who intentionally kills themselves, usually due to sadness or other factors such as frustration, failing exams, or difficulty finding a good job. Euthanasia, on the other hand, is the act of another person to end the life of a third person. A third party actively or passively participates in euthanasia, which means that they support or facilitate the killing of another person.
Euthanasia, sometimes known as mercy killing, is the act or practice of painlessly killing people suffering from a terrible and incurable disease or disorder or leaving them to die without treatment or artificial respiratory support. Since most jurisdictions do not have specific provisions on this subject, it is generally considered suicide (if committed by the patient himself) or murder (if committed by someone else). At the end of the twentieth century, several European countries had unique provisions in their criminal legislation providing for lenient sentences and the consideration of mitigating circumstances in euthanasia proceedings. In our society, palliative care and quality of life for patients with incurable diseases such as advanced cancer and AIDS have become a major concern for clinicians. Alongside this concern, another controversial issue arose – euthanasia or “mercy killing” of terminally ill patients. Proponents of physician-assisted suicide (SAP) believe that a person`s right to autonomy automatically gives them the right to choose a painless death. Opponents argue that a doctor`s role in the death of an individual violates the central tenet of the medical profession.