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Euthanasia & right to life
- 1. By: Aditya Marwah Hariharan Kumar Indranil Banerjee
- 2. Historical Evolution Euthanasia is derived from the Greek word meaning ‘good death’ 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.
- 3. Types of Euthanasia Classification can be of 3 types— a)Active & Passive b)Voluntary, Non-voluntary and Involuntary c)Assisted & Unassisted
- 4. 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 defence to the charge of voluntary Euthanasia.
- 5. Situation in India Landmark Case: Aruna Shanbaug As of now, only passive euthanasia is legal. The court rejected Active Euthanasia. The court also stated that this decision would become the law of the land till the Parliament enacts an act on Euthanasia.
- 6. Does Right toLife include Right to Die in India? Article 21 of the Indian Constitution grants its citizens the Right to Live but not the Right to Die. Inclusion of Right to die under Article 21 will contradict the provision of Indian Penal Code under sec. 309.
- 7. Continued…. First time it came for consideration before Bombay High Court in Maruti Shripati Dubal and struck down section 309 of Indian Penal Code, as unconstitutional. The court said that ‘Right to Life’ includes ‘Right to Die’ if one so desires
- 8. Euthanasia in Pakistan Most of the doctors did not approve of Euthanasia Euthanasia is still thought of as a taboo topic in Pakistan. Active Euthanasia is not allowed by the law in Pakistan but Passive Euthanasia does take place in Pakistan.
- 9. Euthanasia in China Case Of Xia Suwen Provincial legislature of China has -suffered from liver problem rejected calls to legalize euthanasia -Wang MingCheng-son saying such a move would be -Dr. Pu Liansheng-doctor unconstitutional for the right of -it took 5 yrs. to deliver subsistence which is protected by this judgment their Constitution. This case shows change in In large cities, especially in Beijing, attitude of people towards death. many approve of euthanasia. Chinese people are concerned about this word and avoid mentioning death due to the affection of Confucianism, so there is scarcely any open discussion of death.
- 10. Position in US Euthanasia is illegal in all states of the United States. Physician Assisted Suicide is legal in the states of Washington, Oregon and Montana. The American Political leader Robert Ingersoll had, in 1894, supported ‘assisted suicide’ in case of persons suffering from terminal illness.
- 11. Some other cases Baxter v Montana Gonzales v Oregon Washington v. Glucksberg Karen Ann case Terri Schiavo case
- 12. -End of Presentation- Thank You
Editor's Notes
- #4 Active euthanasia occurs in those instances in which someone takes active means, such as a lethal injection, to bring about someone’s death. Passive euthanasia occurs in those instances in which someone simply refuses to intervene in order to prevent someone’s death. : In Voluntary euthanasia, the patient chooses to be put to death, but in non-voluntary euthanasia, the patient is unable to make a choice at all. By involuntary euthanasia, patient chooses not to be put to death, but is anyway.: Unassisted euthanasia is akin to suicide, whereas in assisted euthanasia, a physician or specialist directs the patient concerned on how to die in the most quick and painless manner
- #6 Explain Aruna Shanbaug Case.Other Indian Cases : HB Karibasamma
- #7 As according to sec. 309 of the IPC “Whoever attempts to commit suicide and does any act toward the commission of such offence, shall be punished with simple imprisonment for a term which may extend to one year [or with fine, or with both]”.
- #8 But it was finally over ruled by the Five Judge Bench of the Supreme Court in GianKaur v State of Punjab. So finally, there does not exist a right to die in India
- #9 , but among those who supported it, consisted mostly of the younger age group.People do not prefer talking about it as it is against Islam.
- #10 suffering at the provincial people's political consultative conferenceShe suffered from ascites, cirrhosis of the liverWang MingCheng, one of her sons, asked Dr.PuLiansheng, the physician in charge, to inject some medication to let his mother die without pain.Other children of Xia Suwen sued Dr.Pu for killing their mother, so Dr.Pu and Wang MingCheng were taken into custody on 20 Sept. On 15 March, 1990, nearly four years after the incident, the People's Court of Han Zhong held the court and it was announced that they had committed the offense of intentional homicide.On 17 March, with the expert conclusion from the Malpractice Appraisal Committee of ShaXoi Province, of 10 July, 1989 it was held that "Wintermin compound was not the direct cause of Xia's death, but it did deepen the coma of Xia which promoted deathThe final judgment by the Intermediate People's Court of Han Zhong Prefecture held that both of them are “not guilty”Members of the Guangdong provincial advisory body proposed that terminal cancer patients should be allowed to choose Euthanasia to bring an end to their life.
- #11 In 1906, Henry Hunt attempted to legalize euthanasia by introducing legislation in the General Assembly of Ohio. Hunt's bill called for the administration of an anesthetic to bring about a patient's death, so long as the person is of lawful age and sound mind, and was suffering from a fatal injury, an irrecoverable illness or great physical pain. Ultimately, however, this bill failed to pass. Assemblyman George Gregory, too, failed in his proposal to secure the approval of the Iowa legislature in getting an Euthanasia Bill passed.
- #12 Case Facts of all these cases.