EUTHANASIA

Euthanasia is one of the most dreaded issues over the world. Euthanasia is brought from a Greek word ‘euthanatize’ meaning ‘well death’.

The care of human life and happiness is the government’s first and most important object.

Advanced medical technologies have denied humans the right to die. According to the webster dictionary euthanasia is defined as ‘an act of killing or permitting to death on, incurable sick persons in a painless way for reasons of mercy’.

Health care professionals including oncology nurses frequently face such ethical cases.

In a world of law there is still controversy of peaceful death.

We can see that in Islamic countries the right to peaceful death is not given to the patient. They consider life as an opportunity to refine the spirit.

In Netherlands, 9% of all the deaths were the result of euthanasia.

Whereas in Britain there are over two thousand people who have spent more than 6 months in a vegetative state.

Active euthanasia puts individuals to painless deaths for good reasons, where doctor gives a lethal dose to the patient. while passive euthanasia involves not doing something to prevent death, where doctors don’t use the devices needed to keep a person alive.

Euthanasia in India is illegal. Active euthanasia is where a doctor kills a patient which involves it being section 300(1) of the Indian Penal Code, 1860. However, valid consent of the patient is there, which will come in exception of section 300 i.e. exception 5 to section 300.

Passive or non-voluntary euthanasia will be stuck by proviso one of the section 92 of the Indian Penal Code, 1860. Thus, it will be illegal. Euthanasia should not be confused with assisted suicide.

Article 309 of the Indian Penal Code clearly states attempted suicide as a crime.

There is co-relation of suicide with euthanasia as they both are the choices of voluntarily ending one’s life. Unless the attempt to suicide is an act done with unsound mind, it will remain a crime. Euthanasia is treated with a little more compassion by the lawmakers.

Euthanasia And The Rest Of The World

Euthanasia is illegal in the following countries:

Australia, Belgium (in 2002), Finland, Ireland, Israel, United Kingdom, United States Of America (passive euthanasia is allowed in some states), Sweden (passive euthanasia is legal) and Turkey.

Euthanasia is legal in the following countries:

Columbia (in 2005), Canada (people above 18), Japan and Luxemburg (20 Feb, 2008).

Ways For Euthanasia

There are various ways for euthanasia. The most popular methods include -

1) Lethal injection - Injection of a lethal dose of a drug, such as a known poison, KCl, etc.

2) Asphyxiation - The most popular gas used is Carbon monoxide (CO). Nerve gases like sarin & tabun etc. are also added in small amounts to fully ensure death.

3) One of the methods is also Dr. Jack Kevorkian’s death machine (mercitron, thanatron). He is also known as Dr.Death. It’s a unique method in which a person

can end his life himself. With the use of this machine a person can end his life himself painlessly at the time chosen by the patient.

Euthanasia And Law

Not only the patient but also the family of the patient is facing the worst along with the patient. Every person near and dear either is affected or affects the decision to be taken for the patient or by the patient. Individual liberty is the hallmark of free society. We should consider the rights for the benefit of the individual here.

In India euthanasia is illegal.

There are many debates where the people are still fighting to decide that it should work or it should not.

Case of euthanasia

Aruna Shanbaug v. the Union Of India And Others on 7th March, 2011

Aruna was a nurse at KEM Hospital in Mumbai. She was a brilliant student and a nice hearted girl. She had come from a small village of Kerela, to study and to pursue her dreams. She was 18 years old when she left her house for Mumbai and studied nursing there.

She, on that day of the incident, had been doing her work like any other day when (27th November, 1973). A sweeper of her hospital attacked her while she was in the basement of the hospital after her shift where the nurses change their uniforms. He as informed to the police was a petty thief. He used to steal dog food from the hospital supply. He attacked her from behind and wrapped her neck with a dog chain and yanked her back with it. When she fell unconscious due to the lack of oxygen, as the oxygen had stopped reaching in some parts of her brain, he tried to rape her. He found that she was menstruating that time. He did not stop there. He then did unnatural sex or sodomized her. After that he stole her chain, watch and money and left her there just like she had been when she fell unconscious to die. Then, her body was recovered the next day by a cleaner full of blood on her clothes. She had many brain and internal injuries that could not get her back to normal ever because her brain had been damaged badly. She had been aware of her surroundings barely and she responded in voices. She threw up the food she did not like and liked lesser people around her. She was given food orally up to year 2010. She had malaria which worsened her condition and she had to be served only mashed food. She was taken care by the KEM Hospital nurses and she was always dear to them. She lived in this vegetative state till she died at the age of 66 years due to pneumonia. She suffered almost 42 years of vegetative state.

The accused had served a 7years jail term and was out.

The petition that was filled to make her die using euthanasia was rejected because she still had shown some symptoms of being alive and showed her likes and dislikes. The staff of the hospital was thanked and appreciated.

The right to die is still a questionable right. No one has the authority to end their life. The best interest of the patient is seen and here the nurses taking care of Aruna took care in the best possible manner. Aruna never experienced a bed sore or a fracture in her life till she lived because of the good care despite her being prone to all of this. The possibility of mischief done by relatives cannot be ruled out just to provide death to the patient.

Conclusion

If we look at the opposition of euthanasia we will figure out that the opposition is worried of the legal use of euthanasia. It can be wrongly used by the doctor or the relatives for multiple clever uses or bad intentions. And intentions cannot be seen as clearly or measured. If doctors are given too much liberty of using voluntary euthanasia, then they will be using in-voluntary or non-voluntary euthanasia as well. The loss also here is that the medical facilities in India are less and not every person can be saved unless a miracle happens to recover them from their vegetative state. The question is who should be provided with the opportunity, a patient terminally ill or someone who has fair chances of recovery. The patient also wants relief and the doctor being a life saver or someone counted upon as god in India should provide the best or allow euthanasia. Article 21 of the Indian Constitution does not include the right to die. It can be seen as invading the right to privacy, autonomy and self determination. There can be steps to prevent. The pain should be thought off to be lessen and the misery to end. If the person has to die and has no chance to be saved and is in pain or there is no point trying further, the patient should be helped to find peace and be relieved from the pain. This is still an open ended question to provide euthanasia or not. It depends on person to person and as per the circumstances that each different case has.