This articles has been written by Ms. Khyati Kanoje, a student studying B.A.LL.B (H.) from Narsee Monjee Institute of Management, NMIMS, Indore. The author is a 3rd year law student.
Suicide pacts, mercy killing, and euthanasia are all related to the concept of intentionally ending a person’s life, but they are distinct in their legal and ethical considerations.
In India, suicide pacts are not legally recognized or sanctioned. Suicide is considered a crime under Section 309 of the Indian Penal Code (IPC) and attempting to commit suicide is punishable with imprisonment and a fine. Anyone who aids or abets a suicide may also face criminal charges. Therefore, suicide pacts, where two or more individuals agree to commit suicide together, are also considered illegal and may result in criminal charges.
Mercy killing, also known as active euthanasia, involves intentionally ending the life of a person who is suffering from a terminal illness or a condition that causes unbearable pain or suffering. In India, mercy killing is illegal and is considered murder under Section 302 of the IPC. Anyone who performs active euthanasia or assists in it may face criminal charges.
Euthanasia, on the other hand, refers to the practice of intentionally ending a person’s life to relieve them of their pain and suffering. In India, passive euthanasia is legal under certain conditions. In 2011, the Supreme Court of India recognized the right to die with dignity as a fundamental right and issued guidelines for passive euthanasia. According to the guidelines, passive euthanasia may be allowed if the person is terminally ill or in a persistent vegetative state and if a medical board determines that there is no hope for recovery. The decision to allow passive euthanasia must also be made by the patient or their close family members and must be approved by a court.
Suicide pacts
In a suicide pact, two or more individuals agree to commit suicide together. Suicide pacts are not legally recognized or sanctioned in India. Suicide is considered a crime under Section 309 of the Indian Penal Code (IPC), and anyone who attempts to commit suicide may face imprisonment and a fine. Those who assist or encourage someone to commit suicide may also face criminal charges. Therefore, suicide pacts are illegal and may result in criminal charges.
Mercy killing
Mercy killing, also known as active euthanasia, involves intentionally ending the life of a person who is suffering from a terminal illness or a condition that causes unbearable pain or suffering. In India, mercy killing is illegal and is considered murder under Section 302 of the IPC. Anyone who performs active euthanasia or assists in it may face criminal charges.
Euthanasia
Euthanasia refers to the practice of intentionally ending a person’s life to relieve them of their pain and suffering. In India, passive euthanasia is legal under certain conditions. In 2011, the Supreme Court of India recognized the right to die with dignity as a fundamental right and issued guidelines for passive euthanasia. Passive euthanasia involves withholding or withdrawing life-sustaining treatment from a person who is terminally ill or in a persistent vegetative state, with the intention of allowing a natural death to occur. However, before passive euthanasia can be performed, a medical board must determine that the person is terminally ill or in a permanent vegetative state and there is no hope for recovery. The decision to allow passive euthanasia must also be made by the patient or their close family members and must be approved by a court.
It is important to note that the legality and morality of these practices are the subject of ongoing debate and discussion in India and around the world. The issues surrounding euthanasia and the right to die with dignity are complex and involve considerations of ethics, religion, culture, and the law. Ultimately, the decision to allow or prohibit these practices involves balancing the right to life with the right to die with dignity and autonomy.
Recent developments
Mercy killing and suicide pacts are illegal in India, and there have been no recent developments related to legalizing or decriminalizing them. In fact, the Indian Penal Code (IPC) considers abetment of suicide a criminal offense, punishable by imprisonment.
However, there have been some high-profile cases of suicide pacts and mercy killings in India in recent years. In 2019, a couple in Maharashtra allegedly committed suicide together after their families objected to their relationship. In 2018, a family of 11 in Delhi was found dead in what police suspected was a case of mass suicide or mercy killing.
Despite the illegality of these practices, there have been debates and discussions in India about the ethical and moral considerations surrounding them. Some groups have called for the legalization of euthanasia in certain circumstances, such as for patients with terminal illnesses or those in persistent vegetative states. However, there has been no significant progress on this issue at the national level, and the legal status of mercy killing and suicide pacts in India remains unchanged.
United States: Suicide pacts are illegal in the United States, and anyone who assists or encourages another person to commit suicide may face criminal charges. However, there have been some high-profile cases of suicide pacts in recent years. In 2019, two teenagers in Oklahoma were found dead in what authorities believe was a suicide pact. In 2020, a mother and her three children were found dead in their home in Massachusetts in what police believe was a murder-suicide pact.
Euthanasia remains illegal in most parts of the United States, although several states have passed laws legalizing physician-assisted suicide for terminally ill patients. In 2021, the state of New Mexico became the latest state to pass a law legalizing physician-assisted suicide.
Spain: In March 2021, Spain passed a law legalizing euthanasia for people with incurable diseases or unbearable suffering. The law requires that patients meet strict criteria and obtain approval from multiple doctors before the procedure can be carried out.
Canada: In 2016, Canada passed a law legalizing euthanasia for people with incurable illnesses who are experiencing unbearable suffering. The law requires that patients make a voluntary request for euthanasia, be assessed by two independent doctors, and wait at least 10 days before the procedure is carried out.
Japan: Suicide pacts, known as “shinju,” have been a part of Japanese culture for centuries. In recent years, however, there has been a rise in the number of online suicide pacts, where people meet on the internet and agree to die together. In response to this trend, the Japanese government has launched a campaign to raise awareness about the dangers of online suicide pacts and to provide support for those who may be at risk.
Important Cases
Recent case laws related to suicide and euthanasia in India.
Common Cause vs. Union of India: In 2018, the Supreme Court of India passed a landmark judgment in the case of Common Cause vs. Union of India, which allowed passive euthanasia, also known as “right to die with dignity.” The court held that individuals who are terminally ill or in a persistent vegetative state have the right to refuse medical treatment or life-sustaining measures, and that this decision should be respected by doctors and hospitals.
Aruna Shanbaug case: In 2011, the Supreme Court of India ruled in the case of Aruna Shanbaug, a nurse who had been in a vegetative state for more than 37 years, that passive euthanasia could be allowed in certain cases, but only with the permission of the courts.
State of Maharashtra vs. Maruti Sripati Dubal: In 1987, the Bombay High Court ruled in the case of State of Maharashtra vs. Maruti Sripati Dubal that suicide pacts are illegal in India, and anyone who assists or encourages another person to commit suicide may face criminal charges.
It is important to note that the legal landscape around suicide and euthanasia in India is complex and constantly evolving. The issue is subject to ongoing debates and discussions, and there may be further developments in the future.
Major arguments revolving around the issue:
The issue of suicide and euthanasia is highly contentious and complex, and there are ongoing debates and discussions about it in India. Here are some of the key arguments and perspectives that are often discussed:
Right to die with dignity: One of the main arguments in favor of euthanasia is that individuals have the right to die with dignity, and that prolonging life through medical intervention in cases of terminal illness or unbearable suffering can be cruel and inhumane.
Sanctity of life: On the other hand, opponents of euthanasia argue that the sanctity of life is paramount and that intentionally ending a life, even with the consent of the individual, is morally and ethically wrong.
Risk of abuse: Another concern raised by opponents of euthanasia is that it can be subject to abuse, particularly in cases where the decision to end a life is made by someone other than the individual themselves, such as family members or doctors.
Legal and ethical considerations: There are also legal and ethical considerations around euthanasia and suicide, particularly in a country like India where there are complex cultural and religious beliefs around death and dying.
Need for guidelines and regulations: Some proponents of euthanasia argue that there is a need for clear guidelines and regulations around the practice to ensure that it is not misused or abused.
Overall, the debate around suicide and euthanasia in India is complex and multifaceted, and there are strong arguments both for and against it. The issue is likely to remain a topic of discussion and debate in the coming years, as more and more people grapple with end-of-life decisions and seek ways to ensure that they are able to die with dignity and respect.
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