[nukkad] Euthanasia

["Mahesh chandra Gupta" <>]

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There was some discussion on right to die and euthanasia a few days ago. I
have researched this topic for those who may be interested.

                                        RIGHT TO DIE

1. Suicide is crime under section 309 of the Indian Penal Code,
1860. This section was struck down in Rathinam v. UOI in 1994 by supreme
court, stating that the right to life under article 21 of the constitution
included right to die. In this case, the SC differentiated suicide from
euthanasia [taking of life by another person] and rejected the plea that
mercy killing should be allowed by law.

2.  However, in Gian Kaur case, the  SC
in 1996 resurrected section 309.

3. Two school teachers in Kerala, Mukundan Pillai,aged 69,  and  CA Thomas,
aged 80 years, petitioned the Kerala High Court praying that they had
fulfilled their purpose in life, their families were well settled and they
had no further desire to live, hence they might be permitted to end their
lives. They added that they were asking for court's permission because they
do not want to go against law and commit an offence under section 309, IPC.
A division bench of the Court, comprising chief justice AV Savant and
justice KS Radhakrishnan refused such permission in June 2000, stating that
no distinction could be drawn between those who   end their life out of
frustration and those who do so because of the feeling that they have
achieved their ambition in life. Both commit suicide.

4. There are some cases where the patient is suffering from an incurable
condition like end stage cancer. Some of them may be in severe,
uncontrollable pain. There may be patients who are comatose and are being
kept on life support like ventilator etc and who are merely leading a
vegetable life. Such patients may be regarded as genuinely in need of
euthanasia.

5. The first state in the world to legalise euthanasia was the state of
Oregon in USA, which passed the Death With Dignity Act, 1997.

6. Though euthanasia or physician assisted death is punishable as murder in
Hong Kong, as in India, there is a legal grey area in Hong Kong regarding
passive euthanasia or withdrawal of treatment. The Hong Kong medical Council
has issued a new code of conduct for doctors, which contains clear cut guide
lines on withdrawing or withholding treatment.

7. A Social attitudes survey in UK and Germany showed that 82% and 80%
people favoured euthanasia.

8. In November 2000, Netherlands parliament passed 104:40 a vote for
legalizing euthanasia. This was slated to become law after approval by the
senate, which was expected.

MC Gupta
June 24, 2001



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