LAWS PERTAINING TO THE RIGHT TO DIE, ESPECIALLY EUTHANASIA IN INDIA
THE LAWWAY WITH LAWYERS JOURNAL VOLUME:-7 ISSUE NO:- 7 , JANUARY 22 , 2024 ISSN (ONLINE):- 2584-1106 Website: www.the lawway with lawyers.com Email: thelawwaywithelawyers@gmail.com LAWS PERTAINING TO THE RIGHT TO DIE, ESPECIALLY EUTHANASIA IN INDIA – Angelin Subiksha Government Law College, Vellore ABSTRACT In India, the issue of the “Right to Die” is still deeply entwined with moral and legal difficulties. This study explores how the law has changed in relation to this delicate subject. To provide a nuanced understanding of the present legal status of the “Right to Die”, particularly with regard to Euthanasia in India, the paper carefully examines arguments made by supporters and opponents and judicial precedents, drawing upon significant Supreme Court rulings such as Aruna Shanbaug and Common Cause. It also highlights the difficulties in navigating this complex issue. KEYWORDS Right to die, Indian penal code, Section 306, Section 309, Article 21, Euthanasia, Suicide, Living will, Right to life, Abetment to suicide, Mercy killing. INTRODUCTION Human rights are universal rights that every human is entitled to without any discrimination. The right to life is one of the significant human rights. The right to life is protected by Article 21 of the Indian Constitution as one of the fundamental rights. It reads as follows “No person shall be deprived of his life or personal liberty except according to procedure established by law”. This right is applicable to every person including foreigners and it cannot be suspended even during the emergency period. The Court through its judgements concluded that the Right to life comprises the right to a clean environment, right to privacy, right to shelter etc and expanded the scope of Article 21. However, there has always been a difference of opinion when it comes to adding the right to suicide and the right to Euthanasia under the right to life. DIFFERENCE BETWEEN SUICIDE, MAID, AND EUTHANASIA Suicide means deliberately taking one’s own life by various methods. The common methods of suicide are hanging and poisoning. Suicidal thoughts can arise because of psychological stress or physical illness. Notably, many of the attempted suicides were a quick reaction to the negative happenings or situations in life. It is distressing that these impulsive suicide attempts might have been averted if the individuals had taken some time, as most of the problems cited as the reason for suicide are resolvable. Section 309 of the Indian Penal Code Section 309 of the Indian Penal Code, 1860 continues to be one of the controversial provisions of IPC. Anyone found guilty of attempting suicide faces a simple imprisonment sentence of up to one year, a fine, or both. However, Section 115 of the Mental Healthcare Act of 2017 provides an exception to section 309 of IPC by insisting the government not to punish but provide care, treatment and rehabilitation to the person to reduce the risk of recurrence of attempt to commit suicide. Bharatiya Nyaya Sanhita (BNS), the new criminal bill passed as a replacement for IPC implies that attempting suicide with the intent to compel or restrain any public servant from discharging his official duty is punishable under Section 226. Medical Assistance in Dying (MAID) involves consuming or injecting lethal drugs by oneself with the assistance of someone, usually a medical professional, to end one’s life. Another name for it is physician-assisted suicide. In India, it is illegal and punishable under Section 306 of the IPC as abetment of suicide with fine and imprisonment which may extend to 10 years. In order to constitute abetment under this section, the accused must have intended to aid, instigate, or abet the deceased to commit suicide. Euthanasia means ‘mercy killing’. The term owes its origin to Greek words ‘Eu’ (good) and ‘thanatos’ (death). Euthanasia is taking the life of a person or hastening their death in order to put an end to the pain and suffering caused by terminal illnesses. TYPES OF EUTHANASIA Active Euthanasia – A fatal drug is injected into the body of a person in this type, resulting in their death Passive Euthanasia – In the case of a patient on artificial life support, the support will be withdrawn, resulting in death Voluntary Euthanasia – When a patient chooses to end their life, they do it voluntarily at their will Non-voluntary Euthanasia – If the patient is unable to give consent, Euthanasia is performed with the family’s or relatives’ approval. Indirect Euthanasia – Medications that reduce unbearable pain but shorten the patient’s lifespan will be administered to the patient JUDICIAL PRECEDENTS REGARDING ‘RIGHT TO DIE’ State vs. Sanjay Kumar Bhatia, 1985 – Due to excessive emotionalism, a young man made an attempt at suicide. The Delhi High Court said that, ‘in this age of votaries of Euthanasia , the continuance of punishing attempt to suicide is an anachronism unworthy of a human society like us’ and held Section 309 constitutionally invalid. State of Maharashtra vs. Maruti Shripati Dubal, 1986– A police officer attempted to self immolate by pouring petrol on himself and lighting matchstick. Prior to this he met with an accident that caused him a head injury and made him mentally unstable. The High Court of Bombay held the Section 309 of IPC is discriminatory, arbitrary, and unconstitutional and quashed the criminal proceedings against him. Chenna Jagadeeshwar vs. State of Andhra Pradesh, 1988 – A doctor murdered his four children and attempted suicide along with his wife. The provision punishing attempt to suicide was challenged and argued that Article 21 includes ‘Right to die”. The High Court of Andhra Pradesh rejected the argument and upheld the constitutional validity of the provision in issue. Naresh Marotrao Sakhre vs. Union of India, 1994 – A writ petition was filed before the High Court of Bombay requesting declaration of Section 306 as unconstitutional. The Court stated that, since suicide or suicide attempt is not an offence, a person who has committed suicide or attempted to commit suicide is not considered to be a principal offender and the analogy that if