Euthanasia , Santhara & sanlekhana


Euthanasia
Is a medical term which means 'easy death'
Act of deliberate or voluntary end of someone's life to prevent further suffering or pain to the person
Types
Active - injecting lethal substance
Passive- withdrawing of life supporting system
Issue
Rights of terminally ill person once doctor ruled out any chance of survival
SC
  • Aruna shan Baug case 2011 ruled in favour of passive euthanasia on approval of HC and a team of Doctors on case by case
  • A progressive, humane and sensitive treatment of complex interplay of individual dignity and social ethics 
  • Rathinam(allowed) and Gian Kaur Case(denied)
  • Common Cause Case , 2014: Recognized the living will
Against
  • Devalues human life
  • Can became measure for cost containment on health care
  • Abuse : Slippery slope effect allowing it for others
  • May slow down or stop research on crippling diseases
  • Violates  Hippocratic oath of doctors
  • Leaves No scope for medical miracles
For
  1. Way to relieve extreme pain
  2. Frees up medical resources (Utilatraniasm)
  3. Right to die with dignity (R to assisted Suicide )
  4. Freeing the suffering relative from financial and mental burden
  5. Already practised in informal forms like Santhara, Samadhi
  6. 196th Law Commission Report
  7. Civil Right
  8. Personal autonomy
  9. To prevent painful agony to patient
  10. Protective guidelines to prevent misuses
International scenarios
  • Criminalised in Philippines, Australia, New Zealand UK
  • Legal in Colombia, Luxemburg, Canada, Belgium
Way ahead
Draft bill have been proposed a month for time for  HC to dispose the case
Medical Treatment of Terminally Ill Persons Bill 2016
  • Not enough safeguards :
  • Subjective definitions like meaningful life
  • How permanent vegetative patient can take decision or self administer
  • Delay: HC procedure
  • Children: allowed to take decisions
  • Classification of patients may not pass the judicial scrutiny
Conclusion
  • Debate is never ending one
  • To resolve the conflict between pain and death sooner the a comprehensive law on subject is enacted the better will it be for society


Santhara
    • Nikhil Soni Case Rajasthan HC
    • Held violate of Section 306, 309 of IPC
    • Held that Santhara is not an essential Religious Practice
    • SC : stayed on its order
For
    • Right to die with Dignity
    • Freedom of religion cannot violate R to life
Courts and essential practices Doctrine
    • Carry limited knowledge and expertise
    • Privileges certain practices and gives them legal sanction
    • Culture is subjective : they seek too give black and white
    • Divergence of opinions

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