This article has been written by Ms. Falak Munaf Solkar, a 1st year BBA LLB(Hons) student from Kirit P Mehta School of Law, NMIMS University.
Suicide Pacts, Euthanasia and mercy killing are practices which involve intentionally ending a person’s life. However, the circumstances and motivations behind each of these practices differ. The following article will discuss what does each practice mean and the legal provisions surrounding them. It is important to note that suicide is not a solution to any problem and can have serious consequences for loved ones left behind.
Suicide Pacts
A suicide pact is an agreement between two or more parties in which the object of the agreement is the death of all the parties involved. The agreement could be executed by assistance of another or separately, same lethal method or different, within same proximity or apart, and on the same time or within same time decided. Suicide pacts are often used as a partial defence in murder trials under the Crimes Act, 1958 (herein referred as ‘the act’) which is an act of the parliament of Victoria. The act has codified various common law crimes in the jurisdiction.
Suicide Pact- As A Partial Defence
Since suicide pact results in death of the involved parties, the person who survives is held guilty of premeditated killing and a suit of murder trial can be filed against them. However, section 6B of the act states that if a party to the suicide pact fulfills the essentials required(stated under section 6B(4)), then he/she is to be convicted of manslaughter and not murder. The maximum sentence served in such cases is of 10 years. This penalty is lenient since manslaughter carries a maximum sentence of 25 years.
In order to use suicide pact as a defence, three elements are required to be proven:
There was an existing agreement between the parties involved
The death of the deceased due to the accused’s act was in pursuance of the pact.
At the time of the death, the parties had the settled intention of dying pursuant to the agreement.
If the accused fails to fulfill these essentials, then they are found guilty of murder. However, if it is proven that the direct cause of the death of the deceased is not due the accused’s act, they will be held liable for suicide-related offences such as abutment to suicide, inciting another to commit suicide.
Offences Under The Indian Context In Regard To Suicide Pact.
Though there are not any recognised provisions for suicide pact under the Indian law. However, Attempt to suicide and abutment to suicide is recognised as a punishable offence under the Indian Penal Code (herein referred as ‘IPC’). Therefore, making a suicide pact with another person could be seen as abetment of suicide, and anyone who is found to be involved in such a pact could face legal consequences. Section 306 of IPC constitutes abetment to suicide as a criminal offence. The section reads: “If any person commits suicide, whoever abets the commission of such suicide, shall be punished with imprisonment of either description for a term which may extend to ten years, and shall also be liable to fine”. Abetment of suicide can be in the form of direct instigation or encouragement to commit suicide, or providing the means or assistance to commit suicide. Therefore, suicide pact could be viewed as an abetment and may lead to legal consequences if found guilty.
Mercy Killing And Euthanasia
Mercy killing and euthanasia are often used interchangeably. Euthanasia is the practice of intentionally terminating the life of a person painfully to relieve them from suffering and pain. The term was coined by historian Suetonius. However, the term was used in the medical context for the first time by Francis Bacon in the 17th century. Euthanasia has various dimensions. They are as folllows:
Active Euthanasia: It means intentionally killing another person by some sort of direct action. As an example, a deadly injection or drug overdose can achieve the same result. All forms of “active” euthanasia are prohibited by law since they hasten the dying process.
Passive Euthanasia: Refusing to give basic necessities like food and water is a deliberate act that directly leads to death. The term “artificial life support withdrawal” describes the turning off of any form of supplemental breathing equipment. Compared to active euthanasia, passive euthanasia takes longer and causes more discomfort.
Voluntary Euthanasia: when a person gives their consent in a conscious state to ask for help to end their life, it called voluntary euthanasia
Non- Voluntary Euthanasia: when a guardian or a family member gives consent on behalf of the person in the critical condition and decides that terminating their life would be the best option, it is considered as non-voluntary euthanasia.
Involuntary Euthanasia: situations where someone is slain against their will. An individual’s life may be terminated if a doctor or a member of the individual’s family determines that doing so would be in the patient’s or loved one’s best interests. The choice to end a person’s life may be taken even if they want to live if, for instance, they have been in an accident that would result in a quick and excruciating death.
The Legal Position Of Euthanasia In The Indian Context.
India is one of the countries which have recognised passive euthanasia. The guidelines for the same were laid down in Aruna Ramchandra Shanbaug v Union of India(2011). The conditions are as follows:
A pre-case authorization from the High Court is required.
the presence of two witnesses at the time of execution
authentication by a Judicial Magistrate
approval by two Medical Boards, and
a collector with jurisdiction.
Common Cause v. Union of India(2018) established the legal precedent for living wills and recognised the right to die with respect. This legal instrument can be used to carry out your requests for medical treatment in the event that you are terminally ill and unable to do so.
The morality, legality, and practical implications of legalising euthanasia are still contested topics around the world. The Indian Supreme Court has upheld the legality of passive euthanasia in limited instances, such as when a patient is in a hopeless condition like a coma or a chronic vegetative state. Based on the patient’s advance medical directive or living will, or in the absence of either, the decision of the patient’s guardian or close family members, a team of doctors will choose whether or not the patient will receive life-sustaining treatment.
To Conclude,
Suicide pact, mercy killing, and euthanasia are complex issues that require careful consideration from ethical, legal, and medical perspectives to find an appropriate balance between preserving life, respecting an individual’s autonomy, and relieving their suffering.
References
https://www.legalservicesindia.com/article/787/Euthanasia-in-India.html
https://sherlawyers.com.au/suicide-pact-defence/
https://www.criminalsolicitorsmelbourne.com.au/criminal-defences/suicide-pact-2.html
Section 306 in The Indian Penal Code (indiankanoon.org)
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