Joginder Singh, IPS (Retd)
The Supreme Court, has called for a national debate, on 16th July, 2014, on euthanasia after reviewing a plea from a lobby group to legalize mercy killings. It issued a notice to all state governments seeking their opinions on the issue, within 8 weeks.
Common Cause NGO had filed a petition and its lawyer argued that people with advanced terminal diseases and who are likely to enter a permanent vegetative state have the right to execute a “living will”, to refuse, treatment and die.
However, the Central Government opposes legalizing mercy killings and says the judiciary does not have the right to introduce a law that would give citizens the right to die. Only parliament or state legislature can make such a law.
The Oxford English Dictionary’s, definition, of euthanasia. is a, “A gentle and easy death. In above pleading , it means “ The action of inducing a gentle and easy death. It refers to a proposal that the law should sanction the putting painlessly to death of those suffering from incurable and extremely painful diseases.”
It is worthwhile to find the position of other countries on Euthanasia, which in plain language is defined as the act of intentionally ending a person’s life, so as to help relieve suffering or pain. In some of the countries, mentioned below, euthanasia is legal
1. Belgium
Belgium is one of the countries, that have legalized euthanasia, by a law since September 2002. The law states, that two doctors, need to be involved, in the process and a psychologist, as well, if the competency of the patient is in doubt. Both the patient and doctor decide on the best course of action to take in ending the patient’s life and this could be through a prescribed overdose or lethal injection.
2. Colombia
On May 20th 2010, the Colombian Constitutional Court ruled that no one would be held criminally accountable for terminating the life of a patient who is terminally ill It authorized euthanasia.
The court went to further define the term terminally ill as a person with condition such as AIDS, kidney failure, liver failure, cancer and other terminal conditions that come with extreme suffering. It clarified that “Euthanasia laws in Columbia do not authorize intentionally ending the lives of patient suffering from degenerative diseases such as Lou Gehrig’s disease, Alzheimer’s and Parkinson’s disease.
3. India
In India passive euthanasia is legal. This was declared, by the Supreme Court of India in 2011 as a means to legally withdraw life support in patients who are in a permanent vegetative state. Active euthanasia is however still illegal and this includes using lethal compounds to end a person’s life.
4. Ireland
In Ireland, active euthanasia is illegal. However, it is not illegal to withdraw life support or other treatments if the patient or a next of kin requests for it. According to a poll published on the Irish Times, 57 percent of adults love to see doctor assisted suicide legalized if the patient requests it.
5. Luxembourg
Luxembourg has legalized euthanasia. The law was passed in a parliamentary bill that allowed doctors to end the lives of a terminally ill patient.
This law requires that such a decision be reached with the approval of a panel of experts and two doctors.
6. Mexico
Although, active euthanasia is illegal in Mexico, the law allows, for passive euthanasia to take place.
Close relatives, of a terminally ill, of the unconscious patient or the patient could refuse further treatment. This law has been applicable since 2008 and a similar law which sought to have some extended provisions that decriminalize active euthanasia is pending approval.
7. Netherlands
In Netherlands, euthanasia and doctor assisted suicide are both legal. Although the law was passed in 2002, the courts have permitted the practice since the 1980s and doctors are generally not obligated to keep patients alive contrary to their wishes. For over 20 years, the Netherlands courts have not been prosecuting physicians who facilitate euthanasia
8. France
There is No law banning assisted suicide. But govt bans publications that advise on suicide
9. Italy
Mercy killing is legally forbidden.
Where in America Is Euthanasia Legal?
Euthanasia is also legal in some states in the U.S and these include Oregon, Washington, Montana and Vermont.
In Oregon, euthanasia was legalized under the Death With Dignity (DWD) Act which was implemented in 1997. The law allows, patients with terminally ill. or hopelessly ill, conditions, to request for lethal medication.
The requirements are that the patient must have made two verbal requests and another in writing with a witness for the doctors, to end his or her life. Two doctors also need. to agree. on the diagnosis, the prognosis of the disease and the capability of the patient. The patient will have to personally administer the medication.
Washington became the second state to legalize euthanasia after Oregon in 2008 and this was done via the Washington Death with Dignity Act. The Washington law is similar to the Oregon law as it also requires that the patient makes two oral requests and a written one as well. The requests, need to be, 15 days apart and the patient must be suffering from a terminally ill condition with a life expectancy of six months or less.
In December 2009, in Montana, the euthanasia law was passed in the Montana First Judicial District Court in a case dubbed Baxter v. Montana. The ruling stated that a competent patient had the right to die with dignity. The law allows, the physician, to assist the patient. by providing prescription lethal medication which the patient will take on their own.
On May 20th 2013, Vermont also joined the list of states that have legalized euthanasia. The law was introduced through act 39 of the End of Life Choices. The law also requires that the patient provide two oral and one written request. It’s important to note that the patient needs to be a resident in all of the above states to participate in euthanasia
Dignified End
Oignitas, is a Zurich-based organization that helps people end their lives has faced severe critics. It has been blamed for making Switzerland the destination for suicide tourism
The Orgnisation has about 7,000 members from across the world Founded in 1998, till date it’s helped 1,800 people from different countries end their lives peacefully
No. of people dignitas assisted to die by country (1998-2013)
Country No. of people
Germany 840
UK 244
France | 159
Switzerland 150
Italy 69
US 44
Austria 36
Canada 25
Spain 21
Israel 19
Others 94
(includes one Indian)
Total 1,701
Though all of us have a right to a life of dignity, there is no dignity in death. Almost all religions believe, that life and death is God’s will. Considering, that inspite of laws, against dowry or rapes or sexual harassment, or traffic accidents or murders they have neither decreased nor have been ended, there is a great possibility of the misuse of Euthanasia.
It is worthwhile to consider as how children have killed their parents or close relatives have killed each other, for property. There have been allegations against the Medical Council of India, in its functioning and has been accused of corruption.
There is no reason to believe, that Euthanasia, may not take the form of murders, either with the connivance of Doctors or on the basis of bogus documentation. While the idea of Euthanasia, is inspired by the noble objective of alleviating the pain, its implementation would create more problems than solve it
There are more chances of a candidate of Euthanasia’s dignity being assaulted, vandalized and cruelly mocked, instead of letting him go honourably from this world. Of course, the final word on this would lie with the Supreme Court of India, who would take the opinions of the States And Central Government.
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