The Concept of Euthanasia: a Comparative Study

JOURNAL OF CRITICAL REVIEWS

ISSN- 2394-5125 VOL 7, ISSUE 16, 2020

THE CONCEPT OF EUTHANASIA: A COMPARATIVE STUDY

1Anmol Garg, 2Dr. Renu Mahajan

1Student (LLM) U.I.L.S, Chandigarh University, Gharuan, Mohali, India

2Associate Proffesor, UILS, Chandigarh University, Gharuan, Mohali, India

ABSTRACT

Euthanasia is a Greek originated word which means a good death. Various definitions have been given by the various authors in regard with euthanasia. There are various forms of granting euthanasia such as active euthanasia, passive euthanasia, voluntary euthanasia, involuntary euthanasia as well as non- voluntary euthanasia. Active euthanasia refers to the introduction of a toxic substance to the body of a person, which can result in causing his death. Passive euthanasia refers to holding back the dealing of the person by extracting the artificial support systems which are essential for his living. Voluntary euthanasia means death with will. In this type of euthanasia, a person expresses his consent to finish his life to end his never-ending pain and sufferings1. Involuntary euthanasia is a form of euthanasia where the family members and the guardians allow the person to die to relieve him from the unbearable pain. Non-voluntary euthanasia is granted to a person who is in persistent vegetative state and he cannot be recovered.

Similarly, Physician Assisted Suicide refers to the condition where the physician stipulates the drug to the ailing person in order to cause his death. A lot of debates and discussions related to the concept of euthanasia have resulted into awareness among the people and the society about the concept of euthanasia. However, these debates and discussions slashes the multifaceted as well as vibrant characteristics like legal, moral, human rights, fitness, spiritual, financial, holy, social and artistic aspects of the cultured civilization. The arguments are done both in favor and against the perceptions; moreover the efforts are made to show the dilemma of the fatalities and the concerned people2. The discussion on the concept of euthanasia should be done with the perspective of therapeutic and human rights of the individual, considering the judgment given by the Supreme Court in this regard.

Both abetment of suicide and attempt to suicide are regarded as criminal offences in India. The lawful authority of section 309 of Indian Penal code was challenged in the Supreme Court in 1994. It was held by the Supreme Court that section 309 of the Indian Penal Code is unconstitutional, as per Article 21 (Right to Life) of the Indian Constitution. Another interesting case concerning the abetment of suicide (under section 306 of Indian Penal Code) was witnessed by the Supreme Court in 1996. In this case, the indict person was condemned in the trial court and afterwards the conviction was sustained in the High Court3. The appeal was then made in the Supreme Court asking for the inclusion of ‘right to die’ in Article 21 of the Indian Constitution.

1. INTRODUCTION

This article deals with the concern of substantiation of euthanasia from an international as well as Indian outlook. The atrociousness of the subject can be implicated by investigating the present position of euthanasia globally. At the very outset, it can be held that euthanasia and Physician Assisted Suicide are forbidden in the majority of countries in the planet. On the other hand, the argument about validating euthanasia tend to take place further in North America, Europe and Australia then it does in Asia, Africa, South America and the Middle East. However, there are many variations to this development.

It has been asserted by the ‘World Federation of Right-to-Die Societies’ that its constituent associations are extended in six continents. Two associations are never similar in their philosophies and practices. However, all associations have the

1available at www.merriam-webstr.com (last visited on 21.07.2020) 2 Brian Polland, ‘Human Rights and Euthanasia’, 67-79, (2nd Edition) 1999

3 available at www.theguardian.com (last visited on 21.07.2020)

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ISSN- 2394-5125 VOL 7, ISSUE 16, 2020 obligation to accomplish a right for the person to make a declaration for himself for ending his/her existence. Likewise, here is a diversity of profess and material associations who resist some effort towards validating PAS in any appearance witnessing the holiness of existence, the dispute of smooth incline and the medicinal proficient principles. In this confusion of martial doctrines and principled deliberate, it appears apposite to acquire description of the condition of euthanasia in different countries.

2. THE INTERNATIONAL CONCEPT OF EUTHANASIA

The position of euthanasia can be exhibited from the following reports concerning the legal situation of euthanasia and Physician Assisted Suicide in all the countries around the globe. It is a well known fact that the position of euthanasia is diverse in every country. To understand the position of euthanasia in various countries, the main area of focus of the researcher is the present scenario of the position of euthanasia in these countries.

2.1 Australia

As per the Terminally Ill Act, 1995, the concept of euthanasia was made legal in the Northern Territory of Australia. Northern territory of Australia covers around 1/6 of the total area of Australia, though, the with minimum population of around 1,68,000 persons resides there. The Terminally Ill Act, 1995 came into effect on July, 1996 and it allowed the process of active euthanasia under vigilant authority. It was stated that active euthanasia would be granted under the extreme scenario where be cured and all the circumstances and conditions mentioned under the Act would be met.

Bob Dent, who was a carpenter was the first person to ask for euthanasia. His death was witnessed on 22nd September 1996. Mr. Dent was acknowledged with cancer in 1991 and subsequently, he changed his religious conviction into Buddhism. Before his death, he wrote a letter in which he mentioned “If you disagree with voluntary euthanasia, then don't use it, but please do not deny that right to me. He further said no religious group should demand that I behave according to their rules and endure unnecessary intractable pain until some doctor in his omniscience decides that I have had enough and increases the morphine until I die." The process of injecting lethal injections was started in the occurrence of his spouse and physician. The demand for the reintroduction of Right to die laws was made by the few groups of Sydney on the occasion of his bereavement anniversary4. However, the Federal Government upturned the acts in six months, in March 1997.

2.2 Belgium

As per the Belgium laws, if a person who is fatally ill expresses his desire to accelerate his death in such cases the doctors are allowed to aid the termination of persons. Accordingly, Belgium became the third country to legalize euthanasia after Netherland and Oregon USA. However, the Government of Belgian made stern laws for the implementation of euthanasia. Few circumstances and essentials for euthanasia and physician assisted suicide are listed below:

 Only a person who as crossed the age of minority and is lawfully proficient can demand for euthanasia or Physician Assisted Suicide.  The demand of euthanasia should be intentional, well vigilant and cyclic. It should not be made under any nonessential tension.  The person who is incurably ill and his sufferings can’t be moderated, substantial as of a critical and mortal disorder caused by illness or upheaval; and when he/she has cherished the position and procedures as prearranged in this act.

2.3 Canada

Euthanasia has always been a topic of discussion in Canada, many bills have been introduced to the Parliament, Civil and Criminal Court, Law Reform Commission and Medical Associations, with regard to euthanasia. Due to these negotiations the possibility of permitting the indomitable annihilation of person’s verve and additional person isolated exceed any compensation obtain by corroboration. Canadian laws on livelihood wills and passive euthanasia are a legal dilemma.

4 available at freepressjournal.in(last visited on 21.07.2020) 3038

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Testimonials which get on the policy for creation of life-supporting remedial measures are underneath the prefecture managed5.

2.4 Colombia

In Columbia, euthanasia was legalized in 1997. The Court held that the right to live and right to die should be decided by the person himself and if a person assists him in his death he should not be accused for aiding him. This decision was given by the Judge Carlos Gaviria, he mentioned that “he will submit a bill to the present legislative session establishing guidelines similar to those in the Netherlands and Belgium, where doctors must seek second opinions, give patients rigorous mental tests before inducing death and have cases reviewed by government commissions. The subject has conventional modest public consideration in Colombia, but Gaviria's bill is likely to modify that. Colombians are consistently gash on the subject, with 45% in support of inducing death in incurable cases and 46.9% against, according to a Yanhaas census for RCN radio. The census was unconfined in March, 2005.”

2.5 Greece

Greece supposes a very important implication in the strong dispute on euthanasia since it fits in to the position where the doctors guarantee to take incarceration. In point of fact, the doctors set in the foremost rim of the dispute as they are those who should decide what to do when euthanasia is commanded by the enduring person. In Greece, the massive pervasiveness of community is adjoining to PAS as an outcome of ritual as well as statement of belief. The ability of the practitioner’s attitude and the liberal philosophy of the Christian Orthodox Church have prepared that physician and populace appear at the subject of PAS with hatred. In addition, the demand alleged any such exploit as massacre with therefore is likely to be punished. Nevertheless, in Greece as in quite a few self-governing country, person changes manage to survive along with the substance entices mounting conversation.

2.6 Luxembourg

The Parliament of the country permitted a statement for legalizing euthanasia, on 20th February, 2008. Firstly, 30 out of 59 people voted in the support of legalizing euthanasia. On 19th March 2009, the bill was approved in the subsequent appraisal, creating Luxembourg the third European Union country, after the Netherlands and Belgium, to decriminalize euthanasia and Physician Assisted Suicide. Incurably sick persons will be capable to end their lives after the agreement of panel of two physicians and experts. The exceeding law was accepted by 26 votes out of 30.

2.7 Netherlands

The executive status of euthanasia and physician assisted suicide in Netherlands is as follows:

“Termination of Life on Request and Assisted Suicide (Review Procedures) Act took effect on April 1, 2002. It legalizes euthanasia and physician assisted suicide in very specific cases, under very specific circumstances. The law was planned by Els Borst, who was the Health minister. The measures arranged in the law had been a caucus of the Dutch medical society for over twenty years.” The rule permits the medicinal appraisal panel to defer examination of physicians who grants euthanasia when all of the following setting is satisfied: “The patient's suffering is unbearable with no prospect of improvement; The patient's request for euthanasia must be voluntary and persist over time (the request cannot be granted when under the influence of others, psychological illness or drugs); The patient must be fully aware of his/her condition, prospects and options; There must be consultation with at least one other independent doctor who needs to confirm the conditions mentioned above; The death must be carried out in a medically appropriate fashion by the doctor or patient, in which case the doctor must be present; and the patient is at least 12 years old (patients between 12 and 16 years of age require the consent of their parents). The doctor must also report the cause of death to the municipal coroner in accordance with the relevant provisions of the Burial and Cremation Act6.”

5 available at freepressjournal.in(last visited on 21.07.2020) 6 Dr. Sharmila Ghuge, Forwarded by V.R. Krishna Iyer, ‘Legalizing Euthanasia: A Pedagogue’s Perspective’ 324, 2000 3039

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In February 2010 a citizens’ proposal called “Out of Free Will additional demanded that all Dutch people over 70 who feel tired of life should have the right to professional help in ending it7. The organization started collecting signatures in support of this proposed change in Dutch legislation. A number of prominent Dutch citizens supported the initiative, including former ministers and artists, legal scholars and physicians. As per the present Dutch law, euthanasia is granted by the physicians to the patients in only lawful cases of hopeless and agonizing suffering. In practice this means that it is restricted to the anguish from grave medical circumstances and in substantial pain. Helping someone to entrust suicide without meeting the experience of the present Dutch euthanasia law is unlawful.”

2.8 Norway

As per the existing regulation in Norway, the euthanasia and Physician Assisted Suicide is ornament to slaughter accusation. Although the approval of the fatality was concerned in such cases, Courts grant little decree.

2.9 Poland

Euthanasia is remarkably predetermined in Poland, which is mainly a Catholic. In 2007, the argument was made by the conventional Government of Poland stating the policy for a Europe-extensive day of protest contiguous to the remembrance decree should be met with corresponding accusation of abortion and euthanasia. It also raised the prospect that the European Charter of Fundamental Rights which is an officially requisite part of the Lisbon Treaty could superimpose the way for euthanasia.

2.10 Russia

Euthanasia is considered unlawful in Russia. However, the courts have always been compassionate to those who have helped the ailing persons to end their lives. There was a case in the court of Russia where two women were found culpable in assisting the death of Natalya Barranikova, who was victim of paralysis and could not be treated. They held that they killed her on her own request as her sufferings were unending and non-bearable. The court considered the facts and granted them unpredictably minimum sentences.

2.11 Spain

The matter of Physician Assisted Suicide and euthanasia has become an extremely unsettling political and spiritual subject. As per the Jose Luis Rodriguez Zapatero (a well known socialist and the Prime Minister), he legalized the marriages of homosexuals through the first period of his office. Even though an association assured to lay down links with a congressional crowd on euthanasia was not chased all the way through. In 2007, the Socialists amalgamated the adversary Popular Party in selection in antagonism of the substantiation of euthanasia as a way of ensures the right to a modest decease. Still even if assessment ballot put advance the well-liked hold up for euthanasia, Spain has been rock by a high-profile case pertaining to declaration of sedation ensuing into untimely demise of 400 permanently ill people8. In 2005, Madrid anesthetist Luis Montes as well as some other doctors at a sanatorium in Leganes was positioned below assessment by a regional vigor leader. It was not in expectancy of untimely 2008 that all 15 doctors were unfilled of any erroneous liability, but the case is description to have leaded many doctors to have shied away from numbing lasting personnel out of fear of court action.

2.12 United States

The foremost illustration of lawful sanction to euthanasia took place in Oregon, “a northwestern state in the United States. In 1994, the state adopted the Oregon Death with Dignity Act that allowed people who had been diagnosed with terminal illness and had six months to live, to take a lethal dose of 127 prescribed medications and die voluntarily. Ever since the passageway

7 available at www.wikipedia.org (last visited on 21.07.2020)

8 available at www.wikipedia.org (last visited on 21.07.2020)

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ISSN- 2394-5125 VOL 7, ISSUE 16, 2020 of the Act, citizens have adopted this measure, most of them over 80 years of age and suffering from cancer. In 2006, the United States Supreme Court upheld the law in spite of President Bush’s opposition9. The stipulation of Death with Dignity Act deserves special concentration as the Act was first of its kind to be enacted in modern times. It is also to be noted that it was a citizen’s initiative that legalized PAS in Oregon. It allows terminally-ill patients to obtain a prescription for lethal medication from an Oregon physician. Euthanasia, in which a physician directly administers a lethal medication, is not permitted.” Patients eligible to use the Act must:

 The person must be 18 or above 18 years of age  The person must a inhabitant of Oregon  The individual must be competent of manufacturing health-care conclusions  The individual must be incurably sick

3. CONCLUSION

The following trends can be identified in order to make a worldwide evaluation on the current position of law related to euthanasia:

 The question of validating euthanasia and PAS has been a global matter of concern.  The countries such as Albania, Belgium, Germany, Luxemburg, Netherlands, Switzerland, and USA (only in state of Oregon, Washington and Montana) have validated the concept of voluntary euthanasia .  However, in Colombia, Japan and India guiding principles have been provided by courts in concern of euthanasia and PAS, though no legislations have been provided as yet.  Australia, Canada, China & Hong Kong, Greece, Israel, Poland, Russia, Spain, South Africa and UK have explicit laws for obligatory euthanasia and Physician Assisted Suicide.  In Italy, Mexico (two province and Mexico City only), Sweden, Thailand and South Korea, there is a provision for the deliberate rejection to therapeutic coduct.  It is also concluded that the concept of “active euthanasia” is basically disparate in nearly all the countries, while intentional extraction of treatment and intended Physician Assisted Suicide are lawful in several countries.  The debate over validation of euthanasia and Physician Assisted Suicide exploded throughout last two or three decades of the 20th century. Oregon was the first country to legalize euthanasia.  Recently, in 2019 the passive euthanasia has been legitimated in India by the Supreme Court in Aruna Shanbaug’s case. However, the Supreme Court has itself adjured the Parliament of India to ratify a law in this course.

9 Richard Huxtable, ‘Euthanasia: A Reference Handbook’ 125, ABC-Clio (2nd edition), 2008 3041