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Euthanasia- Meaning and Legality in India
The term Euthanasia (also referred to as ‘Mercy Killing’) is taken from two Ancient Greek words- ‘Eu’ which suggests ‘Good’, and ‘thantos’ which suggests ‘death’. Therefore Euthanasia means good death. Euthanasia is an act or practice to place an end to the lifetime of a private who suffers from a terminal illness or in an incurable condition. This is often done by injection or by stopping medical treatment so as to free him of intolerable pain or from terminal illness.
Mercy Killing is completed in order that the last days of a patient who has been affected by an illness which is terminal in nature or which has disabled him can peacefully find himself his life and which may also convince him to be less painful for him. Thus the first intention of euthanasia is to form a sureity that the person suffers less painful death who is however going to die after an extended period of suffering. Euthanasia is formed into practise in order that an individual can live also as well die with dignity.
There is a distinction between suicide and euthanasia. In suicide, a person voluntarily kills himself by stabbing, poisoning or by the other way. little question in suicide one intentionally attempts to require his life. It's an act or instance of intentionally killing oneself mostly because of depression or various reasons like frustration in love, failure in examinations or in getting an honest job etc. But in euthanasia there's an action of another person to bring back an end the lifetime of a third person.
It is important to say during this context that there's also a difference between ‘assisted suicide’ and ‘euthanasia’. suicide is an act which intentionally helps another to kill . For instance by providing him with the means to try to do so. When it's a doctor who helps a patient to kill himself (by providing a prescription for lethal medication) it's a ‘physician assisted suicide’. Thus, in suicide the patient is in complete control of the method that results in death because he/she is that the one that performs the act of suicide. the opposite person simply helps (for example, providing the means for completing the action). On the opposite hand euthanasia could also be active like when a doctor gives a lethal injection to a patient or passive like when a doctor removes life support system of the patient.
Since March 2018, under strict guidelines passive euthanasia is legal in India. Patients must consent through a legal document , and must be either terminally ill or during a vegetative state. In Chenna Jagadeeswar vs. State of AP, the AP supreme court said that the proper to die isn't a fundamental right under Article 21 of the Constitution. However in P. Rathinam’s case SC observed that the ‘right to life’ includes ‘right to not live’. This means the right to die or to terminate one’s life. But again in Gain Kaur vs State of Punjab, a five member bench overruled the P.Rathainam’s case and held that right to life under Article 21 doesn't include Right to die or right to be killed.
In England, following a series of selections of the House of Laws concerning euthanasia vary greatly and are constantly subject to changes as cultural values shift and better ‘Palliative care’ or treatments become available. In some countries it's legalised or in others, it's criminalized.
