EUTHANASIA IN INDIA

Synopsis for Seminar Paper of

Medical and Health Law

SUBMITTED TO:
MS. HEENA GOSWAMI
(ASSISTANT PROFESSOR OF LAW)
DR. NIYATI PANDEY (ASSISTANT PROFESSOR OF LAW)
GUJARAT NATIONAL LAW UNIVERSITY

SUBMITTED BY:
AMAN KUMAR SINGH
18A007

Gujarat National Law University

Attalika Avenue, Knowledge Corridor
Koba, Gandhinagar, Gujarat–382426

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 INTRODUCTION

The term "euthanasia" comes from the Greek word "euthanatos," which means "good death,"
and was originally used to refer to mercy killing. In today's world, euthanasia refers to
doctors murdering patients at the patient's request in order to relieve him of agonizing agony
or a terminal illness. When medical developments made it possible to prolong the lives of
dying or comatose patients, the word euthanasia was also applied to death by omission.
Euthanasia can be divided into two types: active and passive, or voluntary, nonvoluntary, and
involuntary. Active euthanasia is the practice of putting people to death without suffering for
compassionate reasons, such as when a doctor gives a patient a deadly amount of medication.
Passive euthanasia is when doctors refuse to use technologies that might keep a terminally
sick patient or a patient in a persistent vegetative state alive. In voluntary euthanasia, a person
expresses his or her desire to die (by either active or passive euthanasia). Nonvoluntary
euthanasia refers to ending the life of someone who is not cognitively capable of making an
educated request for death, such as a comatose patient. Involuntary euthanasia is another kind
of euthanasia. The latter entails a patient willingly causing his or her own death with the help
of a third party, usually a physician. Because the patient causes his or her own death, the act
is classified as a suicide (intended self-inflicted death). Thus, while in assisted suicide the
doctor provides the patient with the means to kill himself, in euthanasia the doctor kills the
patient (by act or omission). The topic of assisted suicide is intertwined with that of
euthanasia because both deal with comparable issues. Moreover, several governments have
decided to legalize assisted suicide over euthanasia, notwithstanding their opposition to
euthanasia. Euthanasia is unquestionably banned in India. Since the doctor's goal is to kill the
patient in cases of euthanasia or mercy killing, such cases would plainly come under clause
first of Section 300 of the Indian Penal Code, 1860.

However, because there is legal agreement of the deceased in such circumstances, Exception
5 to the abovementioned Section would be invoked, and the doctor or mercy murderer would
be charged with culpable homicide not amounting to murder under Section 304. Exception 5
to Section 300, on the other hand, would only apply in circumstances of voluntary euthanasia
(when the patient consents to death). Proviso one to Section 92 of the IPC would strike down
cases of nonvoluntary and involuntary euthanasia, making them illegal. The distinction
between euthanasia and suicide is that euthanasia is not the same as suicide. In Naresh
Marotrao Sakhre v. Union of India1, Lodha J. wrote: “Suicide is, by definition, a self-killing
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Naresh Marotrao Sakhre v. Union of India, [1996] BomCr 92.

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or self-destruction act, an act of ending one's own life without the aid or support of any other
human agent. On the other hand, euthanasia, often known as mercy killing, refers to and
implies the use of another human agency to end a person's life. As a result, mercy killing is
not suicide, and an attempt at mercy killing is not covered by Section 309. Both legally and
factually, the two notions are separate. Whatever the circumstances, euthanasia or mercy
killing is nothing more than homicide.” In India, the law regarding assisted suicide is likewise
extremely clear. Suicide aid is a crime punishable under Sections 305 and 306 of the Indian
Penal Code. Furthermore, it is widely established, following the Supreme Court's ruling in
Gian Kaur v. State of Punjab2, that the "right to life" protected by Article 21 of the
Constitution does not include the "right to die." Article 21 guarantees "protection of life and
personal liberty," according to the Court, and extinction of life cannot be read into it by any
stretch of the imagination. In society, the role of law is to not only follow or react to public
opinion, but also to lead and shape public opinion. The sociolegal discussion is an important
part of the legal reform process. The questions of whether terminally sick people, or others,
should be permitted to seek assistance in ending their life, and if so, under what conditions
and with what protections, are of enormous social, ethical, and religious importance. In
addition, people in society hold a wide range of beliefs and strong opinions. Euthanasia is a
term that encompasses not only medical and ethical issues relating to public health and
palliative care, but also socioeconomic aspects. An interdisciplinary approach is required to
fully understand this notion and to investigate the relevance and suitability of legal rules in
relation to the reality of public health and social norms in India.

RESEARCH PROBLEM

The main research problem dealt with in this research paper is around legalizing euthanasia.
Passive Euthanasia has been legal in many of the countries around the world including India.
However there has been a raging debate around the world regarding active euthanasia. Also,
there has been a lot of challenges regarding passive euthanasia too. This paper aims to look
into this debate around euthanasia. Also, this research paper also aims to look into position of
euthanasia in India through the prism of various case laws and recommendations of the law
commission of India.

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Gian Kaur v. State of Punjab, (1996) 2 SCC 648

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 SIGNIFICANCE OF THE STUDY

The topic of Euthanasia is a widely debated one across the globe. Death is painful and
inevitable, however if a person is suffering from a chronic disease and knows that for the rest
of his life, he will have to live in pain and suffering should he have the freedom to decide if
he wants to live or not? There has been a lot of debate with regards to this question and this
paper tries to look into the arguments of both, the proponents and opponents of euthanasia.
This study is significant to understand various positions in other countries regarding
euthanasia. Also, this study highlights in detail the position of euthanasia in India in detail,
through various case laws of our judiciary.

REVIEW OF LITERATURE

1. Textbook on Medical Jurisprudence, by Jaisingh P Modi:

This book has been referred by the author to understand the basic concept and
meaning of euthanasia and has also explained in detail legal position in India through
landmark case laws.
2. Ethics for A Level, by Mark Dimmock & Andrew Fisher:
This book has been referred by the author to get a better understanding of euthanasia
as a concept and also it describes in detail the arguments in favour of and against
euthanasia.
3. 196th & 241st Law Commission Report-
The author has referred these two law commission reports to look into the
recommendations of Law commission of India regarding law to govern euthanasia.
241st Law Commission report in particular talks about legislation regarding passive
euthanasia.
4. Textbook on Indian Penal Code, by KD Gaur-
The author has referred this book to understand the criminal aspect with regards to the
law of euthanasia.

OBJECTIVES OF THE STUDY

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Euthanasia is one of the most complicated issues which the legislators and courts all over the
world are facing today. It has also been debated extensively in courts in India. The topic is a
complex one and often involved moral overtones. Life of a human being is precious, but
when a person is suffering deeply and there is no chance of curing him/her, should that
person or his/her relatives have the right to choose between life and death? This paper’s
objective is to analyze this debate in terms of following-

1. Analysing the position of various countries and their court regarding euthanasia.
2. Understand the position of Indian courts by looking into various judgements,
including the landmark judgement of Aruna Ramchandra Shanbaug vs. Union of
India.
3. Look into the various recommendations of the Law Commission of India regarding
Euthanasia.
4. The paper also aims to look in what have been the arguments in favour of euthanasia
and also against it.

RESEARCH HYPOTHESIS

The author proceeds with the hypothesis that passive euthanasia is the way forward and the Supreme
Court of India through the Aruna Shanbaug Case and the 2018 Common Cause (A Regd. Society)
case took progressive steps towards legalizing passive euthanasia in India.

RESEARCH QUESTIONS

The study proposes to address following research question-

1. What is the position of other countries with regards to euthanasia?

2. What are the legal aspects of euthanasia in India and what has been the judicial
approach of the courts in India?
3. What has been the recommendations of the Law Commission of India with regards to
euthanasia?
4. What have been the arguments of various opponents and proponents of Euthanasia?
5. What are the various issues and challenges of passive euthanasia?

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 SCOPE & LIMITATION

The scope of this research paper extends to the study of law regarding to euthanasia in India
and various other countries like Netherlands, Australia, U.K, U.S.A etc. The paper also tries
to highlight the legal position of euthanasia in India through various case laws but most
importantly the Aruna Shanbaug Case and the 2018 judgement of the Supreme court
{Common Cause (A Regd. Society) v. Union of India}. However, the study is more or less
limited to the jurisdiction of India.

RESEARCH METHODOLOGY

The research methodology for this study is doctrinal, analytical and descriptive in nature.
Research is in the form of information and data collected primarily from books, journals and
cases. The sources used in the study are majorly secondary in nature, but certain primary
sources have also been used. The following sources have played a significant role in
obtaining information and data for this study.:

1. Books and online databases referred to for gaining knowledge of the topic as well as for
getting acquainted closely with the topic;
2. Online research conducted to understand the intricacies of the subject and the latest
developments in the field.
3. Research papers and articles which are available online have been referred to extensively
for the purposes of compiling information for the study.

Where possible, primary sources such as case laws, domestic legislations have also been
referred to.

TENTATIVE CHAPTERIZATION

Chapter I: Introduction- The topic is briefly introduced under this chapter.

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Chapter II: Legal Aspects of Euthanasia in India- This chapter will cover the legal
position of euthanasia in India. Various landmark case laws will be discussed in this chapter
and also the recommendation of the Law Commission of India.

Chapter III: Passive Euthanasia (Issues and Challenges)- This chapter will cover in detail
as to what is passive euthanasia and what are the issues and regarding its implementation in
modern day world.

Chapter IV: Positions in Other Jurisdiction- This chapter will briefly cover position of
euthanasia in other countries around the world. The countries covered in this chapter include
Netherlands, U.S.A, England, Australia, and Canada.

Chapter V: Conclusion- In this chapter, the author seeks to conclude the discussion on the
research topic by justifying the need for discussion on the proposed topic.