Is euthanasia illegal in Bangladesh? If it is, then under what legal provisions is it made illegal? Whether it is high time to legalize euthanasia or whether such legalization would be disastrous for the country considering overall socioeconomic situations.

1. Presentation on Euthanasia
Submitted By
Abdullah Al Hossain Jobair
(Batch 45th)
Department of Law
University of Dhaka

2. Decriminalization of Euthanasia in
Bangladesh : A Crying Need of Time or
Would be Disastrous for the Country

3. Definition
 The word ‘Euthanasia’ is of Greek origin – root in the words
eu(good) + Thanatos( Death) conjunctively mean – “ Good or Happy
Death”
 Oxford Advanced learner’s Dictionary defines –
“It is a practice ( illegal in most countries ) of killing without
pain a person who is suffering from a disease that cannot
be cured.”

4. Forms of Euthanasia

5. Under which Law Euthanasia is illegal
in Bangladesh?
 There is no express provision of law illegalizing
Euthanasia in Bangladesh, in Fact, The word ‘Euthanasia’
is alien to Bangladesh Laws.
 But In Performing Euthanasia, Doctor has to do it Consciously
with an intention to Kill and Killing someone by an Act with an
intention is Murder. Hence Punishable Under Section 302 of
The Penal Code.
 If Doctors perform Euthanasia(without consent) for the benefit
of Patients , it falls under Section 92 of The Penal Code;
and The section Expressly provides that this exception shall
not extend to intentional causing of death.
 Section 306 of The penal Code – Abetment of Suicide
 Section 309 of PC – Attempt to Suicide

6. Key Argument in favor of Euthanasia:
 ‘Right to Life’ Necessarily includes ‘Right to Death’ and thus one is at liberty
to decide about his own life.

7. Core Argument Against EUTHANASIA:
It is Unethical; Life
is a gift from GOD,
thus he(GOD) is the
only authority to
take it out.

8. Other Arguments For and Against
Euthanasia:
• None of us can have all the rights we want in
society
• False Compassion and Mercy
• True Dignity lies in Continuance of living
• No one truly knows when he will die
 Autonomy of The Patients
 Compassion and Mercy towards
the dying
 Dying With Dignity
 Elimination of Suffering

9. In Search of ‘Right to Die’
 “Everyone has the Right to life, liberty, and security of person”
( Article 3, UDHR- 1948)
 “Every human being has the inherent right to life. This right shall be protected by
law. No one shall be arbitrarily deprived of his life.”
(Article 6(1) ICCPR- 1966)
 “States Parties reaffirm that every human being has the inherent right to life and
shall take all necessary measures to ensure its effective enjoyment by
persons with disabilities on an equal basis with others.”
(Article -10 CRPD)

10.  Not only is there no mention of Right to Die within UN Treaties, the
interpretation of these treaties over the course of several decades
has not resulted in a single piece of support for EUTHANASIA.
 Rather CRPD casts obligations upon the state to treat disables equally
with others.

11. Euthanasia Through The Lens of
Bangladesh Constitution
 Article 32 of The Constitution –” Right To
Life”
 Does “Right to life” include an inherent “Right
to Die” in Article 32?
 Perhaps, The question has never been argued
in our jurisdiction ever. However, Mahmudul
Islam states in his Book(p-254) ‘ The
Constitutional Law of Bangladesh’ – Right to
life does not include Right to die Rather it
provides living with Dignity.

12. Life is a Gift from God : Religious Views
on Euthanasia
 Almost every religion disapproves the
practice of euthanasia.
Christianity on Euthanasia
 Life is a gift from God .
 ‘Thou shall not kill’ : one of Ten
commandments from god.
 Human beings are created by God in his own
image.
 Human beings are free agent but this
freedom does not extend to the ending of
their own lives.

13. Hinduism on Euthanasia
 There are two different views in
Hinduism ;
1. One view is that Euthanasia goes against
Hinduism, since it breaches the doctrine
of “ Ahimsa” and simultaneously damages
“ Karma” of both doctor and patient.
2. The other view is that Hinduism approves
Euthanasia as it helps to end a painful life
and it is a good deed indeed.

14. Cntd:
 “Prayopavasha” - fasting till death.
Satguru sivaya subramaniswami …. Died on 32nd day of self-imposed
fast.

15. Islam on Euthanasia:

16. Islam On Euthanasia
 Muslims are against Euthanasia . They believe that all human lives are sacred
because it is given by Allah and only Allah chooses how long each person will
live.
 “ Do not take life, which Allah made sacred other than in the course of justice”
Bani Israel-33
 “ When their time comes they cannot delay it for a single hour nor they can
bring it forward by a single hour.
Sura Nahl- 61

17. Euthanasia From Socio-economic
Perspective:
 Joint Family To Nuclear Family
 Greed for property
 Instead of last resort, it might be sought at very Early Stage Even As a first
choice in some cases
 Moral Degradation : The Maintenance of Parents Act 2013
 Preponderance of misusing the euthanasia law
 Yes, Moral Degradation is increasing day by day, But Still We( as a people)
have not become that much evil to let our loved ones Die without trying ! -
However, There might have Some Rare Exceptions …..

18. Irregularities and Corruptions in Health
Sector: TIB Report 2015

19. Imagine
Yourselves in
Tofazzal’s
Position

20. Tofazzal’s Urge To The State:
 Choose one :
 Either Allow me to EUTHANAIZE my children
OR
 Provide Monetary Help / Medical Expenses

21. Is It not next to Mockery? To save one
person who is in vegetative condition for
months or years, you(state) are indirectly
killing four/five persons(family)
 Article-15 and Article-8 of The
Constitution of the people’s Republic of
Bangladesh : Intention of the Framers of
the constitution
 Bankrupt, insolvent Tofazzal Hossain –
he along with whole family is going to
die(Maybe).
 EUTHANASIA is ILLEGAL.

22. Proposition To The State:
To Form a Legal Instrument or Policy for
providing medical support/ monetary help
to those citizens who are unable to
continue medication and
ultimately(maybe) forced to euthanize their
loved ones due to Economic handicap like
tofazzal hossain.

23. Any Questions?
If Any, Ask Sir