Euthanasia 

TANMOY MUKHERJEE INSTITUTE OF JURIDICAL SCIENCE

Dr. Tanmoy Mukherjee

[Advocate]

 

 

Euthanasia

Tanmoy Mukherjee

[Advocate]

Euthanasia refers to the practice of intentionally ending a person’s life to relieve pain and suffering.

• Types of Euthanasia-

1.Active Euthanasia:

• Direct action to end life (e.g.) lethal injection.
• Illegal in India.

2.Passive Euthanasia:

• Withdrawal of life support or medical treatment.
• Allowed under certain conditions in India.

3.Voluntary Euthanasia:

• With patient’s consent.

4.Non-Voluntary Euthanasia:

• Without patient’s consent.

(E.g. Coma).

5.Involuntary Euthanasia:

• Against the patient’s consent equated with murder.

6.Physician- Assisted  Suicide:

• Doctor provides means but the patient self-administers the life ending substance.

 

• Country wise Legal Status-

1. Netherlands-

-Legal since 2002.

-Voluntary, well considered request.

-Patient is suffering from unbearable pain.

-Doctor consults at least one other independent physician.

2. Belgium-

-Legalized in 2002.

-Patient must be suffering from an incurable condition, causing unbearable physical and mental suffering.

3. Switzerland-

-Euthanasia is not legal.

-Assisted Suicide is allowed.

4. Canada-

-Medical Assistance in Dying legalized in 2016.

-Expanded in 2021 to include people with serious illness, even if death is not imminent.

5. United States-

-Active Euthanasia is illegal.

-Physician assisted Suicide is legal.

6. United Kingdom-

-Both active and passive Euthanasia are illegal.

-Considered murder.

7. Germany-

-In 2020, Germany decriminalized assisted suicide.

-Active Euthanasia is illegal.

8. Australia-

-Voluntary assisted dying is legal in most of the states.

9. Colombia-

-Colombia legalized Euthanasia.

-In 2022, Colombia decriminalized Assisted Suicide.

 

• International Laws regarding Euthanasia-

1.Universal Declaration of Human Rights:

Article 3- Right to life, liberty and security.

2.European Convention on Human Rights-

Article 2- Right to life.

3.International Covenant on Civil and Political Rights (ICCPR)-

Does not recognize a Right to die.

 

• Position in India-

-Active Euthanasia is illegal and punishable under Section 103 BNS (sec 302 IPC) and Sec. 105 BNS (Sec-304 IPC).

-Passive Euthanasia is legal but only under specific guidelines.

Article - 21 of Indian Constitution-

Protection of life and personal liberty includes Right to die with dignity.

Article - 226 -

High courts can be approached for enforcement of living will.

• Judicial Response in India-