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Should Euthanasia be Legalized in India ?

By Sneha Solanki, first Year Law Student, Upes

Euthanasia is one of the perplexing issues which the legislature is facing all over the world.

Euthanasia means mercy killing that is a painless termination of one’s life with

humane motive of ending the suffering. If a person is suffering from an incurable

disease then it will be fair to give a peaceful death. Euthanasia is of two types: Active

Euthanasia and Passive Euthanasia. Passive euthanasia means withdrawal of

medical treatment which hasten a terminally ill patient’s death and active euthanasia

means to kill a person with lethal injections given to a person with terminally cancer.

Legalizing euthanasia that is an aid-in- dying will really prove be a good initiatives for

those who are going through the worst phase of their lives because of the pain that we

can’t even think of. And it should be a patient’s right if he/she wants to bear that pain

and live as it was going or want to end their lives.

From the other point of view it can be a positive thing to the next generation as doctors can

find out the remedy to cure that disease and preventing from spreading of that diseases.

And yes everybody does not have the capability to pay the health care cost and somewhere

this all leads the patient to feel more disheartened and most importantly a burden on their

families.

Making a person artificially alive against the will of the person is considered unethical by law

and yes by the medical philosophy too.

CASE: ARUNA RAMCHANDRA SHANBAUG V. UNION OF INDIA (2009) , On 27 th

November 1973 Aruna , the nurse working in a hospital in Mumbai was attacked by

sweeper who wrapped a dog chain around her neck and yanked her back with it and

in that span of time her condition got worst that she is a virtually dead person and

have no state of awareness. This is not the only case who had demanded for

euthanasia. In the cases like Jeet Narayan [2008] who pleaded death for their four

sons who are paralyzed below the neck and Dilip Macua[2008] who was paralyzed

due to an accident and her letter for mercy death got rejected. Is it there any point to

make a person live in the vegetative form like that?

In the countries like Netherlands who has legalized euthanasia on the conditions that

patients suffering with unbearable pain and incurable disease could be helped by it .

Children euthanasia’s law was passed in Belgium in 2002 and till today’s date no

other country has been given clearance to this law.

Euthanasia will be held legal only when:-

 The person has made an active and voluntary request to end their life.

 It is thought that they have sufficient mental capacity to make an informed

decision regarding their care.

 there is no prospect for an improvement in their condition.

In my opinion, India should also legalize euthanasia by taking care of some points like

providing a proper medical team that can examine a person’s state of mind and their

condition , which leads them to end their lives and later they assume it and check if

is there really a need to practice euthanasia in that situation?