"Dignified End: Exploring the Controversial Right to Die Ethically"

 

"Dignified End: Exploring the Controversial Right to Die Ethically"

What is the Right to die with dignity?

• The "Right to Die with Dignity" is a complex and controversial topic about an individual's Right to make autonomous decisions about end-of-life care and how they wish to die. 
• It encompasses the idea that individuals suffering from a terminal illness, irreversible condition, or unbearable pain should have the option to choose when and how to end their lives, with the support of medical professionals and in a manner that preserves their dignity.
• The Right to die with dignity is often associated with discussions about Euthanasia, physician-assisted suicide, and end-of-life care.
• The approach to the Right to die with dignity varies across different countries and jurisdictions. Some countries, such as Belgium, the Netherlands, Canada, and a few states in the United States, have legalized certain forms of Euthanasia or physician-assisted suicide under specific circumstances and with strict regulations. 
• In other countries, these practices may be strictly prohibited or subject to legal and ethical debates.

Interpretation of Article 21, Right to Die with Dignity:

The interpretation of Article 21 of the Indian Constitution, which guarantees the protection of life and personal liberty, has evolved to include the dignity of the Right to die. This expansion of interpretation has been achieved primarily through judicial pronouncements by the Supreme Court of India.

1. Case: Gian Kaur v. State of Punjab (1996)

• In this landmark judgment, the Supreme Court clarified that the Right to life under Article 21 does not include the Right to die or be killed. 
• The court held that the Right to life encompasses the Right to live with human dignity and that Euthanasia or physician-assisted suicide is not permissible under the Indian legal framework.

2. Case: Common Cause v. Union of India (2018)

• However, in this subsequent judgment, the Supreme Court recognized the concept of "passive euthanasia" and allowed for the withdrawal or withholding of life-sustaining medical treatment under specific circumstances. 
• The court held that in cases where a competent adult patient is suffering from an irreversible condition, is in a vegetative state, or has an incurable illness, and expresses a clear and consistent desire to refuse medical treatment, the decision of the patient or in some instances, the conclusion of the patient's family or close relatives, may be honored. 
• This judgment introduced the concept of "advance medical directives" or "living wills" to allow individuals to express their wishes regarding medical treatment in advance.
• The Supreme Court's ruling in the Common Cause case laid down guidelines and safeguards for implementing advanced medical directives and the withdrawal or withholding of life-sustaining treatment. It emphasized the importance of respecting the autonomy and dignity of individuals while ensuring adequate safeguards against potential misuse or abuse.

What is the meaning of Euthanasia and its types?

Euthanasia is deliberately ending a person's life to relieve their suffering. It is a highly debated and controversial topic that involves ethical, moral, and legal considerations. Different types of Euthanasia are recognized based on the circumstances and manner in which it is carried out. The main types of Euthanasia are as follows:

1. Voluntary Active Euthanasia: This type of Euthanasia occurs when a competent adult makes a voluntary and informed request for assistance to end their life. A medical professional or another individual actively administers a lethal dose of medication or performs an act to directly cause the person's death, typically with the person's explicit consent.
2. Non-Voluntary Active Euthanasia: Non-voluntary Euthanasia refers to ending a person's life who cannot provide informed consent. This may occur when a person is in a persistent vegetative state, has severe cognitive impairment, or cannot communicate their wishes. The decision to end their life is typically made by a legal guardian, family member, or medical professional based on what they believe is in the person's best interests.
3. Involuntary Active Euthanasia: Involuntary Euthanasia involves ending a person's life against their explicit wishes. It occurs without their consent or contrary to their expressed desires. In some cases, this may be done based on a medical professional's or family member's judgment, often in situations where the person's quality of life is perceived as extremely poor or suffering is deemed unbearable.
4. Passive Euthanasia: Passive Euthanasia refers to the withholding or withdrawing of life-sustaining medical treatment or interventions to allow a person to die naturally. This can include the removal of ventilators, feeding tubes, or other medical interventions prolonging a person's life. Passive Euthanasia is typically carried out by the person's wishes, as expressed through advance medical directives or by their legal representative.
5. Assisted Suicide: Assisted suicide, or physician-assisted suicide, involves providing a person with the means to end their own life. In assisted suicide, a medical professional may prescribe or provide medication, such as lethal drugs, that the person can self-administer to bring about their death. The person retains full control and responsibility for ending their life.

Is active Euthanasia legal in India?

• Active Euthanasia involving intentionally causing another person's death, even with their consent, is illegal in India.
• The Supreme Court of India has recognized the concept of "passive euthanasia" under certain circumstances. In the landmark judgment of Common Cause v. Union of India in 2018, the court clarified that passive Euthanasia, which involves withdrawing or withholding life-sustaining medical treatment, can be permitted in specific situations.
• However, the court did not specifically legalize active Euthanasia or physician-assisted suicide, where a medical professional actively administers lethal medication or assists in the person's death.

It is important to note that the legal framework surrounding Euthanasia and the Right to die with dignity in India is subject to ongoing discussions, debates, and potential legislative or judicial developments. Laws and interpretations may change over time, and it is advisable to consult up-to-date legal resources or seek legal advice for the most current information on euthanasia laws in India.

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