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Thalaikoothal Or Senicide

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Thalaikoothal Or Senicide FROM THE DESK OF THE GROUP EDITOR-IN-CHIEF Indian Journal of Clinical Practice, Vol. 30, No. 6, November 2019 Dr KK Aggarwal Group Editor-in-Chief, IJCP Group Thalaikoothal or Senicide ast month, I attended the World Medical materialistic possession. This water mixed with the Association (WMA) General Assembly at Tbilisi, mud is fed to the ailing individual several times LGeorgia. One of the sessions during the meet until the death occurs. discussed mercy killing, a controversial and much  Pesticides celphos (aluminum phosphide), sleeping debated issue. This reminded me of the practice of pills (Valium) and lethal injections have become senicide, which is the abandonment to death, suicide or part of it. killing of the elderly (Wikipedia). The term originates  The terminally ill person is given an oil bath using from the Latin word “senex”, which means “old” and gingelly oil and cold water several times in a week. “cide”, which means “killing”.  Tender coconut water, “Theertham” – holy water, In India, senicide is practiced in some parts of southern from different temples and Kasi temple and the districts of the state of Tamil Nadu as Thalaikoothal, holy water used for bathing the deity in a temple which is the traditional practice of senicide (killing of are all used for such rituals. the elderly) or involuntary euthanasia, by their own family members.  Force feeding cow's milk while plugging the nose, causing breathing difficulties (the "milk therapy") or Thalaikoothal is a Tamil word which means “leisurely use of poisons. oil bath”. The customary rituals are:  The pesticide Thimet 10 G, a dark granulated  The body is massaged with 100 mL each of coconut, organic solvent, or Kurnamarunthu, as the villagers castor and sesame oils, usually at dawn. After this, call it, is mixed in tea or water and administered. the person is given a cold bath and put to bed resulting severe hypothermia. After 15 minutes, All these rituals hasten death by causing hypothermia, the person is made to drink a few glasses of tender renal failure and aspiration pneumonia, etc. coconut water and a glass of milk. India is a vast country and the cultures, traditions, customs, languages, faiths, etc. vary from one part of  The person is given a glass of mud mixed with water or, a piece of murukku, a savoury, would the country to the other. Everyone has the right to freely be forced down the throat, which blocks the food practice their customs, etc., which is protected by the pipe. Water with soil or mud from the land owned Article 25 of the Constitution of India. by the terminally ill person is used with the notion Customs are one of the sources of law. The Hindu that the terminally ill person is attached to his/her Code defines custom and usage as “Any rule which, IJCP SUTRA: "Most dairy products are iodine enriched. Two varieties of cheese that are iodine-rich include Cheddar and Mozzarella." 505 FROM THE DESK OF THE GROUP EDITOR-IN-CHIEF Indian Journal of Clinical Practice, Vol. 30, No. 6, November 2019 having been continuously and uniformly observed It held that “that Section 309 violates Article 21, and so, for a long time, has obtained the force of law (among it is void”. Hindus) in any local area, tribe, community, group or But in 1996, in Gian Kaur v. State of Punjab (1996)2 SCC family, if it is certain and not unreasonable or opposed 648, a five-judge Constitutional Bench of the Supreme to public policy.”(Section 3(a) of The Hindu Marriage Court overturned the decision in the P Ratinam case and Act, 1955) held that “Article 21 does not include the right to die” But does a custom that has been practiced by people ipso and “that Section 309 IPC is not violative of either Article 14 facto gain legality? or Article 21 of the Constitution”. Some criteria must be met, before a custom can be “…'Right to life' is a natural right embodied in Article 21 accepted as valid law (European Researcher. 2014;87(11-2): but suicide is an unnatural termination or extinction of life 2005-12). and, therefore, incompatible and inconsistent with the concept  “Custom to become law must be immemorial. of right to life. With respect and in all humility, we find no similarity in the nature of the other rights, such as the right  It must be reasonable. to freedom of speech, etc. to provide a comparable basis to hold  There must be continuous performance of it. that the 'right to life' also includes the 'right to die'… The  The enjoyment of custom must be peaceful one. 'right to life' including the right to live with human dignity would mean the existence of such a right up to the end of  Custom must be certain and definite. natural life… But the 'right to die' with dignity at the end of  A custom will be valid if it is compulsory to perform. life is not to be confused or equated with the right to die an  It must be general or universal. unnatural death curtailing the natural span of life...”  In addition, it should not be opposed to public policy. In Aruna Ramchandra Shanbaug versus Union of  Custom should not be in conflict with the statutory law.” India (2011)4 SCC 454, the Supreme Court recognized the right to die with dignity and allowed a living will; Article 13 of the Constitution also includes customs and at the same time, it set out strict guidelines that will considers “laws inconsistent with or in derogation of the govern when and how it will be permitted. “The 'right fundamental rights” as void or null, if they are in conflict to life' including the right to live with human dignity would with the Constitution of India. mean the existence of such a right upto the end of natural life. Thalaikoothal is not a universal custom in the sense that This also includes the right to a dignified life up to the point it is practiced only in some parts of Tamil Nadu and not of death including a dignified procedure of death”. throughout the country. Hence, it is a local custom and This issue was re-examined in the Common Cause versus not a general custom. Moreover, it is also violative of the Union of India, 2018 (5) SCC 1, where the Hon’ble fundamental right to life as guaranteed under Article 21 4-Judge Constitution Bench of the Supreme Court upheld of the constitution of India, which says, “No person shall the aforementioned judgment in Aruna Shanbaug case be deprived of his life or personal liberty except according to “(vii) We are thus of the opinion that the right not to take a procedure established by law”. Evidently, the Right to life life-saving treatment by a person, who is competent to take an under Article 21 does not include the Right to die. informed decision is not covered by the concept of euthanasia HOW DOES THE LAW VIEW THE ISSUE OF “RigHT as it is commonly understood but a decision to withdraw life- TO die”? saving treatment by a patient who is competent to take decision as well as with regard to a patient who is not competent to The question regarding right to die first time came up take decision can be termed as passive euthanasia, which is before the Bombay High Court in the matter of State lawful and legally permissible in this country.” of Maharashtra v. Maruti Shripati Dubal 1987 Cri LJ The law protects the doctor, if he or she takes a 743. The Bombay High Court ruled that the right to life professional decision to withhold treatment in terminally guaranteed under Article 21 includes right to die, and ill patients or those in a persistently vegetative state, if it thus making Section 309 of Indian Penal Code (IPC), is convinced that the doctor has acted in such a case in 1860 which makes attempt to suicide as punishable the best interest of the patient and in bonafide discharge offence, as unconstitutional. of the duty of care. “A decision not to prolong life beyond The Supreme Court also affirmed that under Article 21, its natural span by withholding or withdrawing artificial life right to life also includes right to die in P Rathinam support or medical intervention cannot be equated with an v. Union of India 1994 AIR 1844, 1994 SCC (3) 394. intent to cause death.” 506 IJCP SUTRA: "Iodine is found in seafood. One of the richest sources is a seaweed called kelp." Indian Journal of Clinical Practice, Vol. 30, No. 6, November 2019 FROM THE DESK OF THE GROUP EDITOR-IN-CHIEF Suicide and euthanasia or mercy killing are not the Section 306 “If any person commits suicide, whoever abets same. A suicide is an act done by the person himself the commission of such suicide, shall be punished with (self-decision); while in euthanasia, the act is done by a imprisonment of either description for a term which may third party (decision taken by another person). extend to ten years, and shall also be liable to fine.” Even in State of Maharashtra v. Maruti Shripati Active euthanasia is an offence under Section 302 Dubal, the High Court recognized the difference (punishment for murder) or under Section 304 between mercy killing and suicide and considered it as (punishment for culpable homicide not amounting to homicide. “Euthanasia or mercy-killing on the other hand murder).
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