This article has been written by Ms. Shruti Medhekar, a 4^th year B.A.LLB student of Keshav Memorial College of Law.

The term euthanasia derived from the ancient Greek word ‘Eu’ means ‘good’ and ‘thantos’ means ‘death’. Euthanasia is the practice of intentionally ending one’s life to eliminate pain and suffering. The House of Lords Select Committee on Medical Ethics defined euthanasia as “a deliberate intervention undertaken with the express intention of ending a life, to relieve intractable suffering.” Further Oxford English Dictionary defined it as “the painless killing of a patient suffering from an incurable and painful disease or in an irreversible coma.” Different meanings have been given by different authorities and countries. The modern term to euthanasia is “moksha.” 

TYPES OF EUTHANASIA:

Different types of euthanasia have been defined and labelled under this head, namely:

1. Active Euthanasia: it means killing the patient by active means. Ex: injecting the patient with any lethal dose etc.
2. Passive Euthanasia: it means to intentionally let the patient die by removing the life support such as ventilator.
3. Voluntary Euthanasia: it means with the consent of the patient the patient himself administers the death.
4. Involuntary Euthanasia: means without the consent of the patient, when the patient is not in the state of consciousness.
5.  Physician- assisted suicide: under this death is caused with the assistance of the physician. 

ANALYSIS OF SUICIDE AND EUTHANASIA:

No person wishes to end his/her life but instead would want to stay healthy and live a long life. In certain cases when any individual wishes to end his/her life they got two options; suicide or euthanasia. But attempt to suicide and abetment of suicide both are considered illegal and are punishable offences. Suicide is committed for many reasons which might include marital differences, failure in examination, no employment opportunity etc. And euthanasia comes into picture only when question arises with regard to the person who is suffering from a terminal disease, the pain and suffering of which is far worse than facing death. There are no such reasons while practicing euthanasia.

Only after taking in view the concept that each individual has a right to end life peacefully without any pain the practice of euthanasia is taken into consideration. 

The practice of ending one’s own life has been seen in the ancient periods. In those times it has been observed many saints and heroic personalities have ended their lives in the form of sati, johar, samadhi etc. But in the present times all these acts have been banned and considered illegal. No person has a right to end his life in any of these above mentioned or any other ways until the natural death comes to them. 

Euthanasia has been a controversial and debatable topic in the recent days. With the introduction of right to die as a legal right the concept of euthanasia has come into existence. Many contradicting views were presented on this issue by various critics. Advocates in support of euthanasia stated that it should be made a legal right and it should be practiced. But the critics of euthanasia argued that killing is wrong in any way. Further it was also argued that physician assisted death or physician’s participation in patient death also violates the medicals professions basic precept which is, “I will give no deadly medicine if asked, nor suggest any such counsel.” The Hippocratic Oath. This is the oath which is taken by the doctors while they serve their profession. 

POSITION IN INDIA:

As a result after many contradicting debates the result amounted to practice of only passive euthanasia in few countries. And further in India the passive euthanasia is practiced only when certain requirements are to be fulfilled:

1. The individual’s personal autonomy is required. Every individual who is in the vegetative state or suffering from terminal disease has to provide their choice to treatment and life.
2. In situation where the patient is not able to communicate his wish the next close person has to do it. 
3. In addition to this it states that suicide is not considered a legal way of taking one’s life and is not considered as an option. 
4. Further the personal autonomy of individual has to be referred to the respective High Courts and also to a board of medical practitioners and experts are to examine the state of the patient and analyze whether to grant passive euthanasia or not. 

The first passive euthanasia case was tried in Aruna Ramachandra Shanbaug vs Union of India and others under which the petitioner who brutally suffered serious injuries leaving her in a grave vegetative state which was far worse than facing death. She was under medical treatment for a longer period of time but it didn’t change her state of health. Such was the situation where dying would be rather peaceful than suffering the brutal injuries and pain. The petition was upheld by the court and the petitioner was given the right to die peacefully. 

EUTHANASIA – MOKSHA:

From the above consideration it has been made very clear that there is proper distinction between ending one’s life through suicide and through euthanasia. To end one’s life through suicide means causing pain to oneself due to various reasons as stated above, while he/she is leading a very healthy life. But while practicing euthanasia an individual is ending life because he/she is already suffering from severe pain which is incurable or is in a situation where one cannot perform any activity and life has become purposeless and hopeless to continue with living and instead causing difficulty to others. 

Euthanasia a modern term to provide moksha. It means in present days with the introduction of laws which makes attempting and abatement of suicide, homicide, murder as illegal and a punishable offence. These are considered different means to end one’s life by causing pain to the individual. But euthanasia is a way which provides for ending a patient’s life peacefully and death comes to the patient to end the pain and suffering. And also this passive practice of euthanasia is considered legal which would further not amount to commission of any offence. The patient would peacefully end owns life legally. 

CONCLUSION:

Taking a look into the observations it has been made understandable that a person has a way to end his life peacefully by the means of euthanasia. Euthanasia is totally different from the suicide and homicide which includes the intention of harming the individual for various reasons. The act of euthanasia is provided as an option to end life peacefully and to relieve the pain which is being faced by the individual. 

And further as euthanasia is made legal and practiced in few countries other countries also have to expand the scope of their law and legalize euthanasia to provide a better option to their individuals if they want to opt for it. But the penal provisions punishing the act of suicide and homicide should be preserved and continued so that the public at large do not use it as a means to cause death of any individual. And solely euthanasia with the voluntary consent of the individual suffering from irrecoverable and incurable pain must be practiced as an exception to the ending individual’s life through suicide and homicide. Additionally the obvious and evident meaning of euthanasia and proper knowledge should be made available and known to the individuals so that this practice shouldn’t be abused which might cause harm and put in danger the life of any innocent and unaware individual.  

REFERENCES:

1. Aruna Ramachandra Shanbagh vs Union of India
2. Wikipedia.org
3. Legalservicesindia.com
4. Pathlegal.in
5. Medicine.missouri.edu
6. BBC.co

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