NAME - SHIVI SHRIVASTAVA

ROLL NO.- 18BAL058

DYING WITH DIGNITY: CASE FOR LEGALISING PHYSICIAN-ASSISTED

SUICIDE
Author- Stanley Yeo
Source- Journal of the Indian Law Institutes, Vol. 50, No. 3 (2008) pp. 321-338
URL- https://www.jstor.org/stable/43952159
Citation- Stanley Yeo, Dying with Dignity: Case for Legalising Physician- Assisted Suicide,
INDIAN LAW INSTITUTES, (2008, 4:56), https://www.jstor.org/stable/43952159

INTRODUCTION
Stanley Leo in his article “Dying with Dignity: Case for Legalising Physician- Assisted
Suicide” focuses on the importance of decriminalizing physician-assisted euthanasia and
gives an overview of the laws in India related to suicide and euthanasia. Further, the author
also stated about Oregon Death with Dignity Act. Stanley Leo started the article with giving
the readers a clear explanation of ‘physician-assisted suicide’ and ‘voluntary active
euthanasia’. The article focuses on the decriminalization of euthanasia in those cases where
the terminally ill person had willingly chosen to end his life and had done an act to enable it.

RESPONSE

In response to this article, a positive outlook can be gazed further. The author tried to explain
the reason behind decriminalizing physician-assisted euthanasia. According to the him, it is a
limited activity which can be safely legalised. In this, two acts are performed by the patient,
firstly, of requesting assistance to commit suicide and the later one being following up with
committing suicide. The author in the article has discussed about the cases both of
criminalizing as well as decriminalizing physician-assisted suicide.

Reference has been made to Gian Kaur v. The State of Punjab in which it was ruled that
‘right to life’ under Article 21 does not include ‘right to die’. Further Section 309 and 306 of
Indian Penal Code were also challenged in the case, but the judges pronounced that the
Section 309 which states attempting to commit suicide, is not violating the Fundamental
rights guaranteed under Article 14 and 21 and hence should not be unconstitutional.

Further, Stanley Leo in his article presented various reasons for decriminalizing physician-
assisted euthanasia. The first reason that the author gives is that the patient should have a
right to end his sufferings and the painful death. Because Life is not just about surviving or
living but also living in good health. The patient should have the right to request for assisting
him to extinguish his life. The high doses of medicines and the medical treatment done for
prolonging the lifespan of a patient causes pain and is harmful to their intellectual,
psychological, emotional and psychological well-being. The second reason stated is that in
physician assisted suicide the patient’s choice is given the most importance and not the role
of physician. Another reason is that the law should honour both the right to live as well as die
of an individual.

On the basis of legal reasoning, Stanley Yeo gave a reason for decriminalizing physician-
assisted euthanasia is that these high doses of medicines and pain reliving drugs have a
infinite side effects. Though they try to lower down the pain but also shortens the patient’s
natural span of life. Ultimately the patient did not die only from his incurable disease but
from the medicines too. The prolonging of life of a terminally ill person also runs counter to
the training and ethics of a physician.

Supporting the above reasons stated by the writer I lay emphasis on the fact that it was
important to decriminalize physician assisted suicide as it prolongs the sufferings of the
patient. It causes burden to the family of the patient as well.

To facilitate the above arguments, the author gave his opinion that Indian Legislators should
consider adopting the model of the State of Oregon of United States, which is the first
jurisdiction that legalised physician-assisted suicide. The author discussed in length about
the Act and its provisions. It is stated in the act that any act done by the physician without the
consent of the patient shall be a serious offence. Further he stated that there are other serious
provisions to make sure that the act is working effectively or not.

CONCLUSION

The 21st century has seen a surge in the India’s economy. A sizable portion of the country can
now afford a medical treatment and services. The article focused on the point that the India is
now ready to decriminalize physician-assisted euthanasia. In the article, it is further states
that defences should be introduced in the IPC for abetment to suicide and abetting attempted
suicide. Most importantly education related to these things should be imparted to the people
of the country.