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 1 available 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) 3037 JOURNAL OF CRITICAL REVIEWS 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 JOURNAL OF CRITICAL REVIEWS ISSN- 2394-5125 VOL 7, ISSUE 16, 2020 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.