Under Which Section A Person Could Be Arrested For Killing A Sick Person

Euthanasia is not a new concept which has been unknown to mankind. In the ancient Greece and Rome civilisations, helping others to put an end to their lives was allowed in some situations. The word euthanasia is composed of words from the Greek terms “eu” and “thanatos” which mean “good death” or “easy death”. It is also termed as Mercy Killing. It literally means to put a person to painless death especially when he or she has been going through incurable suffering or when life has become purposeless due to mental or physical handicap.

Classification of Euthanasia

Euthanasia could be classified into two categories

(a) Active euthanasia and (b) Passive Euthanasia.

Active euthanasia could be understood as a positive merciful act to end sufferings and a meaningless existence of a person. It could be understood as an act of COMMISSION, say for example by giving huge doses of drugs to hasten death.

Passive Euthanasia also known as negative euthanasia could be understood as not using or stopping the use of extraordinary life-sustaining measures to prolong life. These may include an act of omission, such as failing to resuscitate a terminally ill or hopelessly injured patient or a severely defected newborn infant. It may also involve non-use of the measures which could probably delay death and hence allow natural death to occur.

Similarly, euthanasia can also be categorised into Voluntary and Involuntary Euthanasia. Voluntary

Euthanasia is the kind of situation where consent is taken from the patient, while non-voluntary euthanasia is the type of situation where consent is unavailable. In this situation, the individual shall be unable to ask for euthanasia and another person would make such a decision on his/her behalf, which is usually based on previously expressed wishes. For further knowledge on the subject or seek legal advice related to the same, it is advised that you contact criminal lawyers in Noida.

Indian Perspective

Cases

In this case, a nurse was sexually assaulted by a sweeper at the hospital premises and was nearly killed because of a dog chain which was wrapped around her neck. Due to lack of oxygen reaching her brain, she fell into a coma- a condition in which she was for 48 years. In this case, the court decided that only passive euthanasia could be allowed in India. Moreover, they observed that passive euthanasia could only be performed by parents, guardians, spouses, close relatives or close friends. In case they are not present, then the individual who was closest to her during the treatment can do the same. The court finally thus allowed passive euthanasia in 2011.

Common Cause v. Union of India 2018

This case was decided by a bench of judges led by Ex-Chief Justice of India, Deepak Mishra. Here, it was observed by him that the fundamental right to life and dignity also include the right to refuse treatment and die with dignity. This case, therefore legalised the use of passive euthanasia in India on 9th March 2018.

The Medical Treatment of Terminally Ill Patients (Protection of Patients and Medical Practitioners) Bill.

The Bill talks about legalising what is known as “passive euthanasia”, as has been discussed in the judgement concerning Aruna Shaunbaug. Active euthanasia can not be considered “as it is likely to be employed by immoral individuals to achieve their underlying motives.” A living will is void in nature and shall not be binding on any physician or surgeon. The medical council of India can issue guidelines according to the provisions of the bill. It may review and can also modify the said guidelines from time to time.

Legal Opinion-

In India, Section 309 of the Indian Penal Code deals with an attempt to commit suicide whereas Section 306 of the Indian Penal Code provides for the abetment of suicide. Both actions are crimes in the eyes of law and hence are punishable. The issue which arises here is that in order to be able to make a living will, the legislation would have to decriminalise both. Though the court would consider the authenticity of the bill, there are still numerous issues. For example, if the death of the patient would be of material incentive to those who are close to him/her (for example, property), the doubt over the authenticity of the living could transform into a legitimate issue.

Conclusion

Euthanasia could be useful for the individual who is in a serious torment but at the same time it could be hazardous as well if advantage is taken in an incorrect manner, so it is most important that the procedure is carried out under the supervision of the principles. To have a better understanding of the legal provisions related to mercy killing, it is advised that you seek legal advice from experienced criminal lawyers in Delhi or criminal lawyers in Gurgaon or any other lawyer near you.

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