Woman moves HC to stop close friend to travel abroad for euthanasia: What the rules in India say

The debate on euthanasia or mercy killing has gained momentum again in India as a Bengaluru-based woman filed a petition before the Delhi High Court appealing the court to stop her friend, a 48-year-old man based in Noida, from travelling to Switzerland to undergo euthanasia .

The petition, which will be heard next week, has urged the court to restrict the Noida man from travelling to Switzerland for the euthanasia procedure, saying it would cause “irreparable loss” and “hardship” to his parents, other family members, and friends.

The petitioner has said that the man is suffering from Chronic Fatigue Syndrome since 2014 and is allegedly looking forward to travel to Switzerland for a physician-assisted suicide. The petitioner adds that has decided to undergo euthanasia through Zurich-based organisation Dignitas, which provides assistance to foreign nationals.

As we await a decision from the court, we take a closer look at what is euthanasia, the debate around it and the current case.

What is euthanasia?

Euthanasia is the practice of ending the life of a patient to limit the patient’s suffering. The patient in question would typically be terminally ill or experiencing great pain and suffering.

The word “euthanasia” itself comes from the Greek words “eu” (good) and “thanatos” (death). The idea is that instead of condemning someone to a slow, painful, or undignified death, euthanasia would allow the patient to experience a relatively “good death.”

There are different types of euthanasia practised: Active euthanasia where a patient is killed a patient by active means, for example, injecting a lethal dose of a drug.

There’s also passive euthanasia, which is described as letting a patient die by withholding artificial life support such as a ventilator or a feeding tube.

Is it legal in India?

The short answer is no. Euthanasia is a crime and only those who are brain dead can be taken off life support with the help of family members.

In March 2018, declaring the right to die with dignity as a fundamental right, the Supreme Court passed an order allowing passive euthanasia in the country.

The landmark judgment delivered by a five-judge Constitution bench, headed by Chief Justice of India Dipak Misra, recognised “living wills” made by terminally-ill patients who are likely to go into a permanent vegetative state, laid down guidelines for the same, including who would execute the will and how nod for passive euthanasia would be granted by the medical board.

The court had then said, “Life and death are inseparable. Every moment our bodies undergo change… life is not disconnected from death. Dying is a part of the process of living.”

This decision was made as a part of the verdict in the landmark case involving Aruna Shanbaug, who had been in a permanent vegetative state since 1973 till her death in 2015. What is considered as “destiny” by medical or religious connotations was challenged as a “violation of right to live with dignity”.

Cases in India

The woman seeking the Delhi High Court’s intervention in the matter of her friend wanting to undergo euthanasia isn’t the first such instance in the country.

In 2018, an elderly couple by the names of Iravati and Narayan Lavate, from Thakurdwar, in Mumbai, had written to the President’s office, seeking permission for “active euthanasia” .

In their letter, they had written that as a retired school principal and a former government employee they feared falling terminally ill and not being able to “contribute to society” as their reasoning for permission to undergo ‘doctor-assisted death’. Neither of them at the time had any major health problems.

When asked what they would do if their appeal was rejected, they had told Firstpost that one of their plans would be to kill Iravati and then spend time in jail because he felt his continuing existence is prison-like in any case.

The other noted case in India is the Aruna Shanbaug one where activists had pleaded for euthanasia for the junior nurse working in Mumbai, who had spent nearly 42 years in a vegetative state as a result of sexual assault.

Is euthanasia legal anywhere?

While India has allowed for passive euthanasia, we are a long way off from permitting active euthanasia. There are many countries that permit passive euthanasia, but just a handful of them allow active euthanasia.

Switzerland is probably the most famous spot where assisted suicide is considered a legitimate way to end one’s life. Many people from countries that forbid assisted suicide come to Switzerland to end their lives as assisted suicide is legal under Swiss law.

In the Netherlands, euthanasia is allowed in cases where someone is experiencing unbearable suffering and there is no chance of improving.

Belgium, Luxembourg, Canada, New Zealand, Spain and Colombia are other countries where assisted dying is permitted for adults with serious and incurable “disease, illness or disability”.

Arguments for and against it

The apex court’s judgment in 2018 had led to varied reactions from both sides — with pro-euthanasia advocates celebrating it, while others denouncing it.

Advocates of euthanasia typically argue that killing the patients in question is not worse than letting them die. They argue that patients should have the right to do what they want with their own lives. Also, allowing those who are in a vegetative state to undergo euthanasia prevents them from futile treatments and becoming a further financial burden on the family.

However, not everyone agrees to this argument. Critics maintain that euthanasia of any kind is wrong as it involves killing. Many activists against euthanasia also argue that legalising the practice would lead to a ‘slippery slope’ phenomenon which leads on to more number of nonvoluntary euthanasia — where the patient’s consent isn’t known and taken.

With inputs from agencies

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