Legalizing euthanasia

1. CHENNAI
3rd Floor, ‘Creative Enclave’,
148-150, Luz Church Road,
Mylapore,
Chennai - 600 004.
Tel: +91 - 44 - 2498 4821
BANGALORE
Suite 920, Level 9,
Raheja Towers,
26-27, M G Road,
Bangalore - 560 001.
Tel: +91 - 80 - 6546 2400
COIMBATORE
BB1, Park Avenue,
# 48, Race Course Road,
Coimbatore - 641018.
Tel: +91 - 422 – 6552921
EMAIL
info@altacit.com
WEBSITE
www.altacit.com
LEGALIZING EUTHANASIA
FILMA VARGHESE
TRADE MARK DEPARTMENT

2. CHENNAI
3rd Floor, ‘Creative Enclave’,
148-150, Luz Church Road,
Mylapore,
Chennai - 600 004.
Tel: +91 - 44 - 2498 4821
BANGALORE
Suite 920, Level 9,
Raheja Towers,
26-27, M G Road,
Bangalore - 560 001.
Tel: +91 - 80 - 6546 2400
COIMBATORE
BB1, Park Avenue,
# 48, Race Course Road,
Coimbatore - 641018.
Tel: +91 - 422 – 6552921
EMAIL
info@altacit.com
WEBSITE
www.altacit.com
INTRODUCTION
• Euthanasia is derived from the Greek word meaning “good death”.
• An intervention undertaken with the intention of ending a life, to
relive suffering
• During the time of the ancient Greek and Roman civilizations,
euthanasia or mercy killing was allowed if and only if the person
concerned no longer cared for his own life.
• For those with a hopeless condition
• Hopeless condition was defined to include:
– Terminal illness
– Severe physical or psychological pain
– Physical or mental debilitation or deterioration or
– A quality of life that is no longer acceptable to the individual

3. CHENNAI
3rd Floor, ‘Creative Enclave’,
148-150, Luz Church Road,
Mylapore,
Chennai - 600 004.
Tel: +91 - 44 - 2498 4821
BANGALORE
Suite 920, Level 9,
Raheja Towers,
26-27, M G Road,
Bangalore - 560 001.
Tel: +91 - 80 - 6546 2400
COIMBATORE
BB1, Park Avenue,
# 48, Race Course Road,
Coimbatore - 641018.
Tel: +91 - 422 – 6552921
EMAIL
info@altacit.com
WEBSITE
www.altacit.com
CLASSIFICATION
Euthanasia is divided into subfields which are broken down circumstantially:
Voluntary Euthanasia – euthanasia by consent (2 cases of Voluntary)
• Passive – Passive euthanasia is the denial of treatments which would be
necessary to sustain one’s life. In other words, life saving medicines would be
discontinued in order to bring about death voluntarily. This is considered
passive, in that, the doctor is not directly involved in administering death
causing medicines.
• Active – Active euthanasia is the use of lethal substances which results in
death. The individual may use devises to his or her own will to induce death
voluntarily.
Involuntary Euthanasia
• Euthanasia conducted without consent is termed involuntary euthanasia.
Involuntary euthanasia is conducted where an individual makes a decision for
another person incapable of doing so. E.g. prolonged comma
Assisted suicide
• When the patient brings about his or her own death with the assistance of a
physician, the term assisted suicide is often used instead.

4. CHENNAI
3rd Floor, ‘Creative Enclave’,
148-150, Luz Church Road,
Mylapore,
Chennai - 600 004.
Tel: +91 - 44 - 2498 4821
BANGALORE
Suite 920, Level 9,
Raheja Towers,
26-27, M G Road,
Bangalore - 560 001.
Tel: +91 - 80 - 6546 2400
COIMBATORE
BB1, Park Avenue,
# 48, Race Course Road,
Coimbatore - 641018.
Tel: +91 - 422 – 6552921
EMAIL
info@altacit.com
WEBSITE
www.altacit.com
THE TABOO OF EUTHANASIA
Religious views have shaped morality, ethics and therefore
law, as a result, euthanasia is not practiced in many
countries.
– What is interesting to note is that even with the large
diversity in the world the majority embrace a moral value
which bans the use of euthanasia from being practiced.
• Christianity – Your body isn’t yours its property of
god. (1 Corinthians 6: 19-20)
• Islam – Do not kill (or destroy)
• Hindu – Urge against the practice due to the damage
it creates to ones Karma.
• Orthodox Church – Opposes euthanasia
– Nearly all religious groups, forbid euthanasia

5. CHENNAI
3rd Floor, ‘Creative Enclave’,
148-150, Luz Church Road,
Mylapore,
Chennai - 600 004.
Tel: +91 - 44 - 2498 4821
BANGALORE
Suite 920, Level 9,
Raheja Towers,
26-27, M G Road,
Bangalore - 560 001.
Tel: +91 - 80 - 6546 2400
COIMBATORE
BB1, Park Avenue,
# 48, Race Course Road,
Coimbatore - 641018.
Tel: +91 - 422 – 6552921
EMAIL
info@altacit.com
WEBSITE
www.altacit.com
Situation in Netherlands (1st country to
legalize euthanasia)
Under the Penal Code, any form of assistance to a person in ending his/her
life attracts punishments.
However, for public policy, the courts have come up with a defense to the
charge of voluntary Euthanasia.
Other nations like Oregon, Washington and Belgiu have recognized the right
to die with dignity under their statutory law, i.e. the Oregon State has enacted
the Death with dignity Act, 1997.

6. CHENNAI
3rd Floor, ‘Creative Enclave’,
148-150, Luz Church Road,
Mylapore,
Chennai - 600 004.
Tel: +91 - 44 - 2498 4821
BANGALORE
Suite 920, Level 9,
Raheja Towers,
26-27, M G Road,
Bangalore - 560 001.
Tel: +91 - 80 - 6546 2400
COIMBATORE
BB1, Park Avenue,
# 48, Race Course Road,
Coimbatore - 641018.
Tel: +91 - 422 – 6552921
EMAIL
info@altacit.com
WEBSITE
www.altacit.com
SITUATION IN INDIA - RIGHT TO LIFE
• The right to life guaranteed and implied as a universal right
• “Right to Life” - the right of a person to live with human
dignity.
• There is a controversy which argues whether the “right to live”
includes a “right to die”.
• In State of Maharashtra Vs Maruti Shripati Dubal, the Bombay
High Court said, “Everyone should have the freedom to
dispose of his life as and when he desires”.
• And this decision was upheld in P Rathinam Vs Union of India
here in this case the Supreme Court said that, “A person
cannot be forced to enjoy life to his detriment, disadvantage or
disliking”.

7. CHENNAI
3rd Floor, ‘Creative Enclave’,
148-150, Luz Church Road,
Mylapore,
Chennai - 600 004.
Tel: +91 - 44 - 2498 4821
BANGALORE
Suite 920, Level 9,
Raheja Towers,
26-27, M G Road,
Bangalore - 560 001.
Tel: +91 - 80 - 6546 2400
COIMBATORE
BB1, Park Avenue,
# 48, Race Course Road,
Coimbatore - 641018.
Tel: +91 - 422 – 6552921
EMAIL
info@altacit.com
WEBSITE
www.altacit.com
• In the case of Gain Kaur's, a 5 Judge Bench overruled
“P Rathinam's case”, and said, “The 'right to life' under
Article 21 of the Constitution of India does not include
the 'right to die' or 'right to be killed'... the right to life
would mean the existence of such a right up to the end
of natural life. This also includes the right to a dignified
life up to the point of death including a dignified
procedure of death”.
• Aruna Ramchandra Shanbaug Vs. Union of India In this
Case the Supreme Court of India laid a decision saying
that, “right to live with dignity also includes within its
scope, the right to die with dignity”
CONTINUED….

8. CHENNAI
3rd Floor, ‘Creative Enclave’,
148-150, Luz Church Road,
Mylapore,
Chennai - 600 004.
Tel: +91 - 44 - 2498 4821
BANGALORE
Suite 920, Level 9,
Raheja Towers,
26-27, M G Road,
Bangalore - 560 001.
Tel: +91 - 80 - 6546 2400
COIMBATORE
BB1, Park Avenue,
# 48, Race Course Road,
Coimbatore - 641018.
Tel: +91 - 422 – 6552921
EMAIL
info@altacit.com
WEBSITE
www.altacit.com
Aruna Ramchandra Shanbaug Vs. Union of India
The Supreme Court of India allowed for passive euthanasia (i.e.) the withdrawal
of the life supporting system. A person who is attempting to suicide and
requesting to die with dignity has some difference. It is that as per Human
Rights, a man should hold certain rights to have a dignified death. A prior
attention to Netherlands which provides a “Right to Die with Dignity” to its
people is required. The other facets that proponents seek to use as their basis
for legalization of euthanasia include the right against torture, right to privacy
and self-determination. Right to Life guaranteed under the Indian Constitution
protects the people against all forms of Torture and this would include the right
to not live with pain and suffering which would tantamount to torture.
There are many cases where death by withdrawal of life supporting system has
been allowed in states which do not allow euthanasia in case of patients under
“permanent vegetative state”. This is one of the sorts of passive euthanasia
which allows a patient to reach his death without any active steps. Here the
court rejected the plea of euthanasia, but it laid guidelines for passive euthanasia
after setting a medical panel to examine her. The court allowed withdrawing the
life supporting system allowing for a passive euthanasia.
CONTINUED…
.

9. CHENNAI
3rd Floor, ‘Creative Enclave’,
148-150, Luz Church Road,
Mylapore,
Chennai - 600 004.
Tel: +91 - 44 - 2498 4821
BANGALORE
Suite 920, Level 9,
Raheja Towers,
26-27, M G Road,
Bangalore - 560 001.
Tel: +91 - 80 - 6546 2400
COIMBATORE
BB1, Park Avenue,
# 48, Race Course Road,
Coimbatore - 641018.
Tel: +91 - 422 – 6552921
EMAIL
info@altacit.com
WEBSITE
www.altacit.com
CONTINUED….
The medical law jurisprudence adds further support towards
accomplishing the goal of recognizing Active and passive
forms of euthanasia. The right to refuse treatment is another
principle which is accepted by numerous countries and
juristic systems. In Sidaway Vs. Board of Governors of the
Bethlem Royal Hospital, the Court held that the right to
refuse treatment receives protection under the common law
and it was also held that the same was a basic human right.
The United States Courts have gone further to state that a
person deciding against treatment would not be in the same
shoes of a person who attempts to commit suicide, which is a
punishable offence in most common law and juristic system.
To bring about a change in the law recognizing passive
euthanasia, this punishable offence has been made redundant
by amending acts.

10. CHENNAI
3rd Floor, ‘Creative Enclave’,
148-150, Luz Church Road,
Mylapore,
Chennai - 600 004.
Tel: +91 - 44 - 2498 4821
BANGALORE
Suite 920, Level 9,
Raheja Towers,
26-27, M G Road,
Bangalore - 560 001.
Tel: +91 - 80 - 6546 2400
COIMBATORE
BB1, Park Avenue,
# 48, Race Course Road,
Coimbatore - 641018.
Tel: +91 - 422 – 6552921
EMAIL
info@altacit.com
WEBSITE
www.altacit.com
LEGALIZATION OF PHYSICALLY
ASSISTED SUICIDE AND EUTHANASIA
Arguments supporting legalization of PAS/euthanasia
• It provides a way to relieve extreme pain
• It provides a way to relief when a person’s quality of life is low.
• Frees up medical funds to help other people.
• Proponents perceive PAS as an act of humanity toward the
terminally ill patient.
• They believe the patient and family should not be forced to
suffer through a long and painful death, even if the only way to
alleviate the suffering is through suicide.
• According to the proponents of PAS, it becomes ethical and
justified when the quality of life of the terminally ill patient
becomes so low that death remains the only justifiable means
to relieve suffering.

11. CHENNAI
3rd Floor, ‘Creative Enclave’,
148-150, Luz Church Road,
Mylapore,
Chennai - 600 004.
Tel: +91 - 44 - 2498 4821
BANGALORE
Suite 920, Level 9,
Raheja Towers,
26-27, M G Road,
Bangalore - 560 001.
Tel: +91 - 80 - 6546 2400
COIMBATORE
BB1, Park Avenue,
# 48, Race Course Road,
Coimbatore - 641018.
Tel: +91 - 422 – 6552921
EMAIL
info@altacit.com
WEBSITE
www.altacit.com
CONTINUED….
• Lack of any justifiable means of recovery and the dying
patient himself making the choice to end his life are
conditions which make euthanasia more justifiable.
• circumstances of terminal illness, pain, increased disability,
and fears of becoming (or continuing to be) a burden to
family and friends.
• Given the possibility that these symptoms and
circumstances may not be relieved, even with aggressive
palliative care and social services, the decision to hasten
one's death may seem rational.
• Proponents of euthanasia also criticize the “artificial and
impractical” demarcation drawn by the court and the
religious organizations between active and passive
euthanasia.

12. CHENNAI
3rd Floor, ‘Creative Enclave’,
148-150, Luz Church Road,
Mylapore,
Chennai - 600 004.
Tel: +91 - 44 - 2498 4821
BANGALORE
Suite 920, Level 9,
Raheja Towers,
26-27, M G Road,
Bangalore - 560 001.
Tel: +91 - 80 - 6546 2400
COIMBATORE
BB1, Park Avenue,
# 48, Race Course Road,
Coimbatore - 641018.
Tel: +91 - 422 – 6552921
EMAIL
info@altacit.com
WEBSITE
www.altacit.com
Arguments against Euthanasia
• Euthanasia would not only be for people who are “terminally ill”.
• Euthanasia can become a means of health care cost containment.
• Euthanasia will become non-voluntary.
• Euthanasia is a rejection of the importance and value of human
life.
• Euthanasia devalues human life
• Euthanasia can become a means of health care cost containment
• Physicians and other medical care people should not be involved
in directly causing death. (the medical profession is guided by a
desire to heal and extend life)
CONTINUED….

13. CHENNAI
3rd Floor, ‘Creative Enclave’,
148-150, Luz Church Road,
Mylapore,
Chennai - 600 004.
Tel: +91 - 44 - 2498 4821
BANGALORE
Suite 920, Level 9,
Raheja Towers,
26-27, M G Road,
Bangalore - 560 001.
Tel: +91 - 80 - 6546 2400
COIMBATORE
BB1, Park Avenue,
# 48, Race Course Road,
Coimbatore - 641018.
Tel: +91 - 422 – 6552921
EMAIL
info@altacit.com
WEBSITE
www.altacit.com
 There is sufficient legal basis to include within the ambit
of the law the right to euthanasia.
 The law needs to play the role of a equilibrium in such a
situation wherein it must empathize with the suffering
and needs of terminally ill persons and at the same time
reconcile with stern principles and legal concepts present
under various laws.
CONCLUSION

14. CHENNAI
3rd Floor, ‘Creative Enclave’,
148-150, Luz Church Road,
Mylapore,
Chennai - 600 004.
Tel: +91 - 44 - 2498 4821
BANGALORE
Suite 920, Level 9,
Raheja Towers,
26-27, M G Road,
Bangalore - 560 001.
Tel: +91 - 80 - 6546 2400
COIMBATORE
BB1, Park Avenue,
# 48, Race Course Road,
Coimbatore - 641018.
Tel: +91 - 422 – 6552921
EMAIL
info@altacit.com
WEBSITE
www.altacit.com
THANK YOU