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WHAT IS THE PUNISHMENT FOR MERCY KILLING IN INDIA ?

  • Writer: leadindia422
    leadindia422
  • Aug 10, 2024
  • 4 min read

Living A Happy And Healthy Life Is A Right Which Can Not Be Denied To A Common Man. A Debate Is Been Going On Currently In The Society, As To If Mercy Killing Or Euthanasia Is Morally Correct As Well As If Should Be Accepted In Legal Terms. It Is A Fact Which Can Not Be Ignored That For Some Patients Life Can Become A Liability Due To The Endless Sufferings Which Could Not Be Treated. Mercy Killing Or Euthanasia May Sound To Be Cruel As Well As Against The Law Of Nature, However, Sometimes It May Be The Only Solution For A Person From His Lifelong Illness And State Of Helplessness. 

Types Of Euthanasia


  • Active Euthanasia– When A Person Purposefully Tries To Finish Someone’s Life With The Use Of Deadly Substances Or Forces. For Instance- Injecting A Person With A Lethal Dose Of Drugs.

  • Passive Euthanasia– When An Individual’s Cause Of Death Is By Retaining Or Pulling Back The Treatment Which Is Essential To Maintain Life. For Instance- Removal Of Life Support System, Etc.

  • A Living Will– It Is A Will Where A Person States That If They Do Not Recover After A Certain Period Then They Have To Be Removed From Life Support.


Religious Arguments


Religious Beliefs Are Against Euthanasia For A Number Of Reasons.

  • Euthanasia Is Against The Will Of God I.E. Only God Has The Power To Take A Person’s Life, Hence, Carrying Out Any Action Against It Would Be Against God’s Command.

  • According To Hinduism And Buddhism, Mortal Life Is A Part Of A Continuous Cycle Where We Take Birth, Live, Die, Suffer And Then Are Reborn Over Again And Again To Complete The Cycle Of Karma. Hence, As Per These Religions, Suffering Has Some Value Attached To It, And  Shortening Life Interferes With The Law Of Karma.

  • Euthanasia Is Disapproved By Most Of The Religions, While Some Absolutely Forbid It. For Instance, The Roman Catholic Church Is One Of The Foremost Active Organisations Which Opposes Euthanasia.

  • All Religions In Their Scriptures State That Those Are Vulnerable Due To Illness Or Disability Deserve Special Care And Protection And Proper Care Of Life Would Be Much Better Thing Than Euthanasia.


Cases


Aruna Shanbaug Case V. Union Of India


In This Case, A Nurse Was Sexually Assaulted By A Sweeper At The Hospital Premises And Was Nearly Killed Because Of  A Dog Chain Which Was Wrapped Around Her Neck. Due To Lack Of Oxygen Reaching Her Brain, She Fell Into A Coma- A Condition In Which She Was For 48 Years. In This Case, The Court Decided That Only Passive Euthanasia Could Be Allowed In India. Moreover, They Observed That Passive Euthanasia Could Only Be Performed  By Parents, Guardians, Spouses, Close Relatives Or Close Friends. In Case They Are Not Present, Then The Individual Who Was Closest To Her During The Treatment Can Do The Same. The Court Finally Thus Allowed Passive Euthanasia In 2011.


Common Cause V. Union Of India 2018


This Case Was Decided By A Bench Of Judges Led By Ex-Chief Justice Of India, Deepak Mishra. Here, It Was Observed By Him That The Fundamental Right To Life And Dignity Also Include The Right To Refuse Treatment And Die With Dignity. This Case, Therefore Legalised The Use Of Passive Euthanasia In India On 9th March 2018.


The Medical Treatment Of Terminally Ill Patients (Protection Of Patients And

Medical Practitioners) Bill


The Bill Talks About Legalising What Is Known As “Passive Euthanasia”, As Has Been Discussed In The Judgement Concerning To Aruna Shaunbaug. Active Euthanasia Can Not Be Considered “As It Is Likely To Be Employed By Immoral Individuals To Achieve Their Underlying Motives.” A Living Will Is Void In Nature And Shall Not Be Binding On Any Physician Or Surgeon. The Medical Council Of India Can Issue Guidelines According To The Provisions Of The Bill. It May Review And Can Also Modify The Said Guidelines From Time To Time.


Legal Opinion-


In India, Section 309 Of The Indian Penal Code Deals With An Attempt To Commit Suicide Whereas Section 306 Of The Indian Penal Code Provides For The Abetment Of Suicide. Both Actions Are  Crime In The Eyes Of Law And Hence Are Punishable. The Issue Which Arises Here Is That In Order To Be Able To Make A Living Will, The Legislation Would Have To Decriminalise Both. Though The Court Would Consider The Authenticity Of The Bill, Still There Are Numerous Issues. For Example, If The Death Of The Patient Would Be Of Material Incentive To Those Who Are Close To Him/Her (For Example, Property), The Doubt Over The Authenticity Of The Living Could Transform  Into A Legitimate Issue. 


Conclusion


Euthanasia Could Be Useful For The Individual Who Is In Serious Torment But At the Same Side It Could  Be Hazardous As Well If Advantage Is Taken In Incorrect Manner, So It Is Most Important That The Procedure Is Carried Out Under The Supervision With The Principles. To Have A Better Understanding Of The Legal Provisions Related To Mercy Killing, It Is Advised That You Seek Legal Advice From Experienced Bail Lawyers In Delhi Or Bail Lawyers In Noida Or Any Other Lawyer Near You. 


Lead India Offers You A Team Of Experienced Advocates Who Have Successfully Handling Cases Related To Civil And Criminal Law Including Matters Related To Bail. Thus, If You Wish To Seek Legal Advice From An Experienced Bail Lawyer In Faridabad Or Wish To Seek Free Legal Advice Online, You May Contact Us.



Visit us: — www.leadindia.law

Call Us: +91–8800788535


 
 
 

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