Euthanasia in India
Encyclopedia
Passive euthanasia is legal in India. On 7 March 2011 the Supreme Court of India
legalised passive euthanasia by means of the withdrawal of life support
to patients in a permanent vegetative state. The decision was made as part of the verdict in a case involving Aruna Shanbaug
, who has been in a vegetative state for 37 years at King Edward Memorial Hospital. The high court rejected active euthanasia by means of lethal injection. In the absence of a law regulating euthanasia in India, the court stated that its decision becomes the law of the land until the Indian parliament enacts a suitable law. Active euthanasia
, including the administration of lethal compounds for the purpose of ending life, is still illegal in India, and in most countries.
on 27 November 1973 when she was strangled and sodomized by Sohanlal Walmiki, a sweeper. During the attack she was strangled with a chain, and the deprivation of oxygen has left her in a vegetative state ever since. She has been treated at KEM since the incident and is kept alive by feeding tube. On behalf of Aruna, her friend Pinki Virani
, a social activist, filed a petition in the Supreme Court arguing that the "continued existence of Aruna is in violation of her right to live in dignity". The Supreme Court made its decision on 7 March 2011. The court rejected the plea to discontinue Aruna's life support but issued a set of broad guidelines legalising passive euthanasia in India. The Supreme Court's decision to reject the discontinuation of Aruna's life support was based on the fact the hospital staff who treat and take care of her did not support euthanizing her.
, Belgium
and the Netherlands
, as well as the US states of Washington and Oregon
, but they are still illegal in India.
Elsewhere in the world active euthanasia is almost always illegal. The legal status of passive euthanasia, on the other hand, including the withdrawal of nutrition or water, varies across the nations of the world. As India had no law about euthanasia, the Supreme Court's guidelines are law until and unless Parliament passes legislation. India's Minister of Law and Justice
, Veerappa Moily
, called for serious political debate over the issue.
The following guidelines were laid down:
consulted with Muslim, Hindu, Jain and Christian religious leaders. Though generally against legalising euthanasia, Christians and the Jains thought passive euthanasia was acceptable under some circumstances. Jains and Hindus have the traditional rituals Santhara
and Prayopavesa
respectively, wherein one can end one's life by starvation, when one feels their life is complete. Some members of India's medical establishment were skeptical about euthanasia due to the country's weak rule of law and the large gap between the rich and the poor, which might lead to the exploitation of the elderly by their families.
Supreme Court of India
The Supreme Court of India is the highest judicial forum and final court of appeal as established by Part V, Chapter IV of the Constitution of India...
legalised passive euthanasia by means of the withdrawal of life support
Life support
Life support, in medicine is a broad term that applies to any therapy used to sustain a patient's life while they are critically ill or injured. There are many therapies and techniques that may be used by clinicians to achieve the goal of sustaining life...
to patients in a permanent vegetative state. The decision was made as part of the verdict in a case involving Aruna Shanbaug
Aruna Shanbaug
Aruna Shanbaug is a nurse from Haldipur, Uttar Kannada, Karnataka in India. In 1973, while working at King Edward Memorial Hospital, Parel, Mumbai, she was sexually assaulted and has been in a vegetative state since the assault...
, who has been in a vegetative state for 37 years at King Edward Memorial Hospital. The high court rejected active euthanasia by means of lethal injection. In the absence of a law regulating euthanasia in India, the court stated that its decision becomes the law of the land until the Indian parliament enacts a suitable law. Active euthanasia
Euthanasia
Euthanasia refers to the practice of intentionally ending a life in order to relieve pain and suffering....
, including the administration of lethal compounds for the purpose of ending life, is still illegal in India, and in most countries.
Aruna Shanbaug case
Aruna Shanbaug was a nurse working at the KEM Hospital in MumbaiMumbai
Mumbai , formerly known as Bombay in English, is the capital of the Indian state of Maharashtra. It is the most populous city in India, and the fourth most populous city in the world, with a total metropolitan area population of approximately 20.5 million...
on 27 November 1973 when she was strangled and sodomized by Sohanlal Walmiki, a sweeper. During the attack she was strangled with a chain, and the deprivation of oxygen has left her in a vegetative state ever since. She has been treated at KEM since the incident and is kept alive by feeding tube. On behalf of Aruna, her friend Pinki Virani
Pinki Virani
Pinki Virani is an Indian writer and journalist who has won critical acclaim for her works "Once was Bombay", and "Aruna's Story".-Early life and education:...
, a social activist, filed a petition in the Supreme Court arguing that the "continued existence of Aruna is in violation of her right to live in dignity". The Supreme Court made its decision on 7 March 2011. The court rejected the plea to discontinue Aruna's life support but issued a set of broad guidelines legalising passive euthanasia in India. The Supreme Court's decision to reject the discontinuation of Aruna's life support was based on the fact the hospital staff who treat and take care of her did not support euthanizing her.
Supreme Court decision
While rejecting Pinki Virani's plea for Aruna Shanbaug's euthanasia, the court laid out guidelines for passive euthanasia. According to these guidelines, passive euthanasia involves the withdrawing of treatment or food that would allow the patient to live. Forms of active euthanasia, including the administration of lethal compounds, are legal in a number of nations and jurisdictions, including SwitzerlandSwitzerland
Switzerland name of one of the Swiss cantons. ; ; ; or ), in its full name the Swiss Confederation , is a federal republic consisting of 26 cantons, with Bern as the seat of the federal authorities. The country is situated in Western Europe,Or Central Europe depending on the definition....
, Belgium
Belgium
Belgium , officially the Kingdom of Belgium, is a federal state in Western Europe. It is a founding member of the European Union and hosts the EU's headquarters, and those of several other major international organisations such as NATO.Belgium is also a member of, or affiliated to, many...
and the Netherlands
Netherlands
The Netherlands is a constituent country of the Kingdom of the Netherlands, located mainly in North-West Europe and with several islands in the Caribbean. Mainland Netherlands borders the North Sea to the north and west, Belgium to the south, and Germany to the east, and shares maritime borders...
, as well as the US states of Washington and Oregon
Oregon
Oregon is a state in the Pacific Northwest region of the United States. It is located on the Pacific coast, with Washington to the north, California to the south, Nevada on the southeast and Idaho to the east. The Columbia and Snake rivers delineate much of Oregon's northern and eastern...
, but they are still illegal in India.
Elsewhere in the world active euthanasia is almost always illegal. The legal status of passive euthanasia, on the other hand, including the withdrawal of nutrition or water, varies across the nations of the world. As India had no law about euthanasia, the Supreme Court's guidelines are law until and unless Parliament passes legislation. India's Minister of Law and Justice
Ministry of Law and Justice (India)
The Ministry of Law and Justice is a prominent Ministry of Government of India. Under the , the Ministry is vested with the responsibility of administration of legal affairs, justice, and legislative affairs in India....
, Veerappa Moily
Veerappa Moily
Moodbidri Veerappa Moily is the current Minister of Corporate Affairs in the Indian government. Moily was elected as MP of the Chickballapur district by a wide margin in 2009. He currently serves as the All India Congress Committee General Secretary in charge of Andhra Pradesh...
, called for serious political debate over the issue.
The following guidelines were laid down:
- A decision has to be taken to discontinue life support either by the parents or the spouse or other close relatives, or in the absence of any of them, such a decision can be taken even by a person or a body of persons acting as a next friend. It can also be taken by the doctors attending the patient. However, the decision should be taken bona fide in the best interest of the patient.
- Even if a decision is taken by the near relatives or doctors or next friend to withdraw life support, such a decision requires approval from the High Court concerned.
- When such an application is filed the Chief Justice of the High Court should forthwith constitute a Bench of at least two Judges who should decide to grant approval or not. A committee of three reputed doctors to be nominated by the Bench, who will give report regarding the condition of the patient. Before giving the verdict a notice regarding the report should be given to the close relatives and the State. After hearing the parties, the High Court can give its verdict.
Response
After the court ruling The TelegraphThe Telegraph (Kolkata)
The Telegraph is an Indian daily newspaper founded and continuously published in Kolkata since 1982. It is published by the ABP Group and the newspaper vies with the Times of India for the position of having the widest widest circulation of any newspaper in Eastern India.According to the Audit...
consulted with Muslim, Hindu, Jain and Christian religious leaders. Though generally against legalising euthanasia, Christians and the Jains thought passive euthanasia was acceptable under some circumstances. Jains and Hindus have the traditional rituals Santhara
Santhara
Santhara , is the Jain religious ritual of voluntary death by fasting. Supporters of the practice believe that Santhara cannot be considered suicide, but rather something one does with full knowledge and intent, while suicide is viewed as emotional and hasty...
and Prayopavesa
Prayopavesa
Prayopavesa is a practice in Hinduism that denotes the voluntary fasting to death of a person, who has no desire or ambition left, and no responsibilities remaining in life. It is also allowed in cases of terminal disease or great disability. A similar practice exists in Jainism, termed Santhara.-...
respectively, wherein one can end one's life by starvation, when one feels their life is complete. Some members of India's medical establishment were skeptical about euthanasia due to the country's weak rule of law and the large gap between the rich and the poor, which might lead to the exploitation of the elderly by their families.
External links
- Supreme Court ruling, Aruna Shanbaug vs. Union of India, March 7, 2011 at Supreme Court of IndiaSupreme Court of IndiaThe Supreme Court of India is the highest judicial forum and final court of appeal as established by Part V, Chapter IV of the Constitution of India...