Euthanasia and Law

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This Blog is Written by Mahak Choukse, 1st Year, LLM (Business Law), Shri Vaishnav Institute of Law, & Adv. Purva Rathore.

                                                                                                                           Blog 01 | Edition VII

Introduction

Euthanasia is one of the most debated topics in law, medicine, ethics, and religion. It refers to ending the life of a person who is suffering from an incurable illness or unbearable pain in order to relieve their suffering. While some people see it as an act of compassion that respects a person's dignity and choice, others believe that human life is sacred and should not be intentionally ended. This blog explores the meaning of euthanasia, its types, religious and ethical perspectives, and its legal position in India in simple and easy language.

What is Euthanasia?

Euthanasia means Mercy Killing, which means a deliberate act of ending someone's life because of their suffering. The word Euthanasia comes from the Greek words:

  • Eu meaning "good"
  • Thanatos meaning "death"

Together, euthanasia means "good death" or "peaceful death." In simple words, euthanasia means intentionally ending the life of a person who is suffering from an incurable illness or unbearable pain, with the aim of relieving that person's suffering. The main purpose of euthanasia is not to cause death, but to end unbearable pain when recovery is impossible.


Why is Euthanasia Controversial?

The debate over euthanasia continues to be a controversial area in the field of law and human rights, while considering it from a moral standpoint where there is no clear consensus on when or if it is morally acceptable to intentionally end someone's life, even if they are terminally ill, due to factors like the potential for abuse, the sanctity of life, and the difficulty in determining true consent and capacity to make such a decision. This leads to ongoing debate and legal ambiguity across different jurisdictions.

1.     Ancient Times

  • Greeks and Romans
  • In ancient times suicide and assisted suicide were widely practised.
  • Medical Profession was not highly regarded.
  • Modern Euthanasia are Rooted in the Greek and Roman ideals of autonomy and individual rights.

2.     The Common Era

  • Religious opposition begins.
  • Euthanasia faced its first major opposition.
  • Christianity in the period believed that “Life is a divine gift from god”.
  • Islam also strongly opposes euthanasia.

3.     Indian and Hinduism

  • A different perspective.
  • Considering death as just another phase in the samsara.
  • Manusmriti suggests that self-liberation(suicide) is permissible in case of incurable illness.
  • Hindu philosophy revolved around Dharma, Artha, Karma and Moksha (liberation).

4.     Buddhism & Jainism

  • Limited acceptance of suicide.
  • Liberation from Samsara (the cycle of life and death).
  • Certain conditions where death is accepted.
  • Jainism practises Sallekhana.

Types of Euthanasia

1.     Voluntary Euthanasia

  • With the consent of the patient.
  • The patient personally requests assistance in ending their life.
  • Example: A terminally ill patient gives informed consent to stop life through medical assistance.
  • Marieke Vervoort v. Belgium (2014) – Exercised her right to die legally under Belgian law.

2. Involuntary Euthanasia

  • The person's will.
  • Against the person's will.
  • Nazi T4 Programme (Germany, 1939–1945) : The state-driven initiative where euthanized (mass euthanasia) was carried out.

3. Non–Voluntary Euthanasia

  • Patient is unable to give consent (coma, infant, etc.).
  • Example: Doctor ends the life of a patient without consent (Aruna Shanbaug Case, India, 2011).

4. Active Euthanasia

  • Active euthanasia involves deliberately causing a patient's death, usually by administering a lethal injection or medication.
  • Involves somebody directly ending a patient's life.
  • Example: Lethal dose of medication.
  • This form is illegal in India.

5. Passive Euthanasia

Passive euthanasia means allowing a patient to die naturally by withdrawing or withholding life-support treatment when recovery is impossible. Examples include:

  • Removing a ventilator
  • Stopping artificial life support
  • Not starting extraordinary life-saving treatment

Passive euthanasia is legally recognized in India under strict conditions.

Constitutional and Legal Analysis of Euthanasia in India

1. Constitutional Analysis:

  • 1987 – A Bold Beginning
  • State of Maharashtra v. Maruty Sripati Dubal (1987)
  • The Bombay High Court took a bold step.
  • A policeman suffering from mental illness attempted suicide, leading to his prosecution under Section 309 IPC (which criminalized attempted suicide).
  • The Court ruled that the "Right to Die" is a part of the Right to Life under Article 21 and declared Section 309 unconstitutional.
  • This was the first time an Indian court recognized the Right to Die.
  • 1994 – The Supreme Court's Agreement
  • A few years later, the Supreme Court echoed a similar view in:
  • P. Rathinam v. Union of India (1994)
  • The petitioners challenged Section 309 IPC, arguing that forcing someone to live against their will violates fundamental rights.
  • The Court agreed, holding that the Right to Life includes the right not to suffer, and struck down Section 309 IPC.
  • It appeared that India was moving toward recognizing the Right to Die.
  • 1996 – A Sudden U-Turn
  • Gian Kaur v. State of Punjab (1996)
  • Gian Kaur and her husband were convicted for abetment of suicide under Section 306 IPC.
  • Their defence: If a person has the Right to Die, assisting them should not be a crime.
  • The case was decided by a Five-Judge Constitutional Bench, which overruled P. Rathinam.
  • Although a person cannot choose death, a person has the Right to Live with Dignity, which also includes a dignified end in cases of terminal illness.
  • This judgment planted the seed for recognizing Passive Euthanasia in India.
  • 2011 – The Turning Point: Aruna Shanbaug Case
  • Aruna Ramachandra Shanbaug v. Union of India (2011)
  • Aruna Shanbaug, a nurse in Mumbai, remained in a Persistent Vegetative State (PVS) for 38 years after a brutal assault.
  • Journalist Pinki Virani filed a petition seeking euthanasia on her behalf.
  • The Supreme Court, for the first time, recognized Passive Euthanasia, allowing withdrawal of life support under strict conditions and High Court supervision.
  • However, the Court rejected Aruna's plea because the hospital staff caring for her did not support euthanasia.
  • This case laid the foundation for legalizing passive euthanasia and paved the way for the landmark 2018 judgment.
  • 2018 – Common Cause v. Union of India
  • The Supreme Court delivered a landmark judgment recognizing Passive Euthanasia and Living Wills as part of the fundamental rights under Article 21 (Right to Life).
  • The Court held that individuals have the Right to Die with Dignity, allowing them to refuse life-support treatment in cases of terminal illness or a Permanent Vegetative State (PVS).
  • The judgment also legalized Living Wills (Advance Medical Directives) and established a structured procedure requiring approval by a Medical Board before passive euthanasia can be carried out, ensuring safeguards against misuse.

2. Legal Analysis:

Attempt to Commit Suicide (Section 309 of IPC): This section deals with attempt to commit suicide. It states that whoever attempts to commit suicide and does any act towards the commission of such an offence shall be punished with simple imprisonment for a term which may extend to one year, or with fine, or with both.

Note: The term "suicide" has not been defined anywhere in the IPC. Suicide is the human act of self-inflicted or self-intentional cessation of life. Essential Elements of Section 309 of IPC:

  • The person must have been unsuccessful in an attempt to commit suicide.
  • The person does any act towards the commission of suicide.
  • The act of attempt must be intentional and not by mistake or accident.

Constitutionality of Section 309 of IPC: The legality and correctness of the provision punishing the attempt to commit suicide have been widely debated in judicial circles for decades:

  • The Law Commission of India, in its 42nd Report (1970–1971), recommended deleting the offence of attempt to commit suicide from the IPC.
  • In 1978–1979, the Government of India virtually accepted the recommendation, but before the amendments could be introduced, the Lok Sabha was dissolved in 1979, and the Bill lapsed.
  • The Supreme Court in Common Cause v. Union of India (2018) recommended that Parliament consider decriminalising attempt to commit suicide, calling the provision anachronistic, while providing guidelines on passive euthanasia.

The Mental Healthcare Act, 2017:

  • This Act came into force in 2018 and aimed to decriminalise attempted suicide.
  • It clarified that Section 309 IPC could be used to punish attempted suicide only in exceptional cases.
  • It presumes that a person who attempts suicide is "suffering from severe stress" and shall not be subjected to investigation or prosecution.

Attempt to Suicide: Legal Position in the Context of the Mental Healthcare Act, 2017:

1. Decriminalisation of Attempt to Suicide:

  • Earlier, Section 309 IPC criminalised the attempt to commit suicide, making it punishable with imprisonment and/or fine.
  • This provision faced criticism for punishing a person already in distress.

2. Current Position (Mental Healthcare Act, 2017): With the enactment of the Mental Healthcare Act (MHCA), 2017:

  • Any person attempting suicide shall be presumed to be suffering from severe stress.
  • Such a person shall not be punished under Section 309 IPC (now replaced by Section 226 of the Bharatiya Nyaya Sanhita (BNS)).
  • The Government is obligated to provide treatment and rehabilitation.

Impact on Suicide Cases: This provision reflects a shift from a punitive approach to a mental health and rehabilitative approach, ensuring that an attempt to suicide is linked to illness rather than criminal acts.

Conclusion

Euthanasia is a complex issue that lies at the intersection of law, ethics, medicine, and human rights. While active euthanasia remains illegal in India, passive euthanasia and Living Wills are legally recognized under strict safeguards to protect the dignity of terminally ill patients. The Mental Healthcare Act, 2017 further reflects a compassionate approach by treating attempted suicide as a mental health issue rather than a crime. Ultimately, the law seeks to balance the sanctity of life, individual autonomy, and the right to die with dignity, ensuring that end-of-life decisions are made responsibly and ethically.



(Write to the authors at mahakchoukse@gmail.com & Singhpurva61@gmail.com.)

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