Mercy Killing

Health Law

MERCY KILLING

Submitted by

SHUBHAM DEHARIYA

B.COM.,LL.B (Hons.) Batch: 2014-2019

Reg No: BC0140055

Under the supervision and guidance of

MRS.DEEPIKA SHIV

Professor of Law

2019

1
 Mercy Killing

1-Introduction:

2-Classification of Euthanasia:

3-Foreign Prospective:

4-The Indian Perspective(Before Aruna Shanbuag case):

i)-Right to Live vs Right to Die:

ii)-An impracticable solution:

iii)-Technology has come of age:

iv)-Poles Apart:

v)-Patients Rights:

vii)-Dutch Experience With Euthanasia:

viii)-Potential For Abuse:

ix)-The Alternative to Euthanasia:

5-Current Position in India (After Aruna Shanbaug case)

6. Recommendation
7. Conclusion

2
 Mercy Killing

1. Introduction
Very sensitive subject indeed mercy killing or Allowing someone to commit suicide (or a
medical team) is a problem that raises ethical issues around the world. A world with many
laws and ordinances of religious origin (the Ten Commandments / Ten. Gita / Quran /
etc Mercy is the great grace of the vast majority of the world's population. Only a
few country allowed and also under strict control
In many other countries (including the United States) The murder of Grace has met a hard
line on the moral plane and many doctors have been convicted for their help in their
implementation. In case of Terry. Schiavo (wikipedia ) recently arrived Conflict involving
people at all levels (politicians, religious people, family law groups, etc.).

Euthanasia It refers to how to end life in ways that relieve pain and suffering. aloud Upper
House Choose a committee in Medical ethics The exact definition of euthanasia is "a
deliberate intervention, with the specific purpose of ending life to alleviate permanent
suffering".
Euthanasia is classified in various ways, including voluntary, or involuntary, active or
passive. Euthanasia is generally used to refer to active euthanasia and, in this sense,
euthanasia is generally present. Consider a criminal murder, but voluntary and passive
euthanasia is by no means criminal.
,
2. Classification of Euthanasia
Euthanasia can be classified according to whether or not a person gave consent Three types:
voluntary, voluntary and involuntary In the medical literature and bioethics, it is a question of
knowing whether patients are killed unintentionally (and therefore inadvertently)
independently of the will. or terms the patient this can be considered euthanasia. Beauchamp
and Davidson and later Wreen There was no patient consent premeditated one of the criteria.
Others, however, are considering essential consent. In a 2003 discussion on euthanasia by the
European Association for Palliative Medicine (EPAC), the authors made it clear that:
Doctor Killing a person without his consent, otherwise willingly (If a person not it
is Okay) or inadvertently (against the will of a person) is not euthanasia: it is
murder. Therefore, euthanasia can only be voluntary.
Voluntary euthanasia
Euthanasia is done with the consent of the patient. Voluntary euthanasia Voluntary voluntary
euthanasia it is legal status in Belgium, Luxembourg and the Netherlands. Passive passive
euthanasia esoteric across the United States They cross v.Chief of Missouri Department of

3
 Mercy Killing

Health If a patient causes his death with the help of a doctor, that's a term euthanasia It is
often used instead. Assisted suicide it is legal status in Switzerland and the states of Oregon,
Washington and Montana.
Non-voluntary euthanasia
Euthanasia is practiced when the patient does not have the consent it is available, it is
called voluntary euthanasia Examples are euthanasia of children who it is illegal world but
it is broken under certain circumstances in the Netherlands by law Protocol of
Groningen ,
Involuntary euthanasia
Euthanasia against the patient's wishes there is titled involuntary euthanasia ,

Procedural Decision
Voluntary, involuntary or unintentional euthanasia can be passive or active. Options are
shared Number of authors these terms are misleading and useless.
Passive euthanasia
In passive euthanasia, conventional treatments such as antibiotics they are essential to
survival they are private.
Active euthanasia
Active euthanasia requires the use of lethal substances or power deadly and it's a
controversial way of fixing it.
3. Foreign Perspective
Belgium and the Netherlands they are the first countries in the world to legalize euthanasia
and support suicide. Belgian doctors have been working for 23 years. September 2002
perform euthanasia without committing a crime at the same time.\ Country Low euthanasia
law it came into force is 1April 2002This issue, “Ethical Aspects of Ethane in the
Netherlands", provides a forum for critical dialogue on various aspects of this new legal
situation in Belgium and the Netherlands. First of all, the legal situation is being
introduced. His critics compare to Herman State of New York Both laws are
cautious. Although Belgium and the Netherlands are the first countries to legalize euthanasia,
the differences between Belgian and Dutch laws are essential. How state of New
York quote, scope Dutch law there is it defines precisely because it specifically includes
suicide with the help of a doctor, but it is unclear whether Belgian law applies to suicide. In
the case of legal provisions, the health of the patient, his request and his medical
responsibilities, as well as his state of health and his registration procedure there are also
fundamental differences.

4
 Mercy Killing

4. Indian perspective Before Aruna Shanbuagh Case

Beside call words "right “Feel the opposite? How can justice be when you use it to renounce
your rights? The previous right was used as camouflage or hide various concepts contrary to
the preservation of life. Euthanasia, physician assisted suicide, suicide, although conceptually
distinct, they are species of the same kind.
i. Right to live vs. Right to die
In India, the sanctity of life rests on the highest position. " The right to life "is,
according to Article 21 of the Constitution, as wide as possible clever Hands
straight get and this too Law. This right it is inalienable and anchored to us. He
cannot and will not be transferred to us. This vital point looks like
everyone above aloud "Justice" die "\ waiting escape. Attitude of the judiciary it
is undeniable.
Gian Kaur vs. The state of Punjab, a five-judge constitutional bank, asserted that "the
right to life" is inherently incompatible with "the right to death", "death" and "life".The
right to life, which includes the right to live in dignity, would mean that there is such a
right of so that natural end. It can still contain “Death in dignity", but such an existence
should not be reduced to the abnormal extinction of life which limits the natural life. In
what follows, it was stated above that the constitutionality of article 309 of the CPI had
been confirmed, which made the "attempted suicide" the cancellation of a crime and the
pronouncement of a judgment.
ii. An impracticable solution
The meaning of the term "euthanasia" is not clear in itself. Derived from
the Greek word " Euthanatize "which means" good death "Repeat the legal
opinions in India, a death good or Of course, being happy would mean that life
collapses.
In its previous form, it was used like a collective term for death without pain In its modern
context, the term reduce understated euphemism. Use criminal responsibility for the
action. "The act which is part of a murder, term injection, "grace”. It’s still a
fact” the euthanasia / euthanasia sure it is Licence for Give the right to kill.
Euthanasia there is to define “The deliberate death of a person whose life has been felt is not
worth it." The above definition ends systematically each He has a suicidal impulse. In
addition, the term "person" and all and not there is restrict only "patients". Legalization of the
above would only lead to disappointment.
iii. Technology has come of age

5
 Mercy Killing

On the other side of the coin, there is an undeniable transition to the development
of medicine and technology. The exaggeration of medicine fifty years ago may be
common today. The idea here it is What is too heavy and offers little hope may
be less stressful and more hopeful for another patient with another health problem.
Surprising announcement Research has shown that 90% of pain can be relieved by
appropriate pain control techniques. Proper treatment can be a big difference. This shows
that medical and technological development provides a sufficient answer to almost all the
problems and to the commitment of the doctor. It is undeniable.
On the contrary, if each end patient had "settled down slowly", the improvement of research,
which is the answer to healing, would be frustrated. If they are legalized, doctors should act
against their consent in acts that violate the oath of Hippocrates. By the way, it was already
400 years BC. As a famous Greek doctor defines writing J. - C. on his whale " I will not give
anyone lethal drugs if asked and I will not offer such a course "
The fact is that the practice of euthanasia is forbidden over time. Oregon, Belgium and the
Netherlands these are the only jurisdictions in the world where legislation explicitly allows
for euthanasia or assisted suicide.
iv. Poles Apart
It was humbly asserted that the implementation of the aforementioned mechanism
in India was utopian and that, therefore, these two situations were incomparable.
That's it Ironically, 90% of patients die without receiving primary health care . So
the logical management of this aspect would be that there is no
India mechanism adapted not to mention the correct procedures for euthanasia.
Given the bottlenecks and responsibilities of the police in our country, a "nursing ethic"
should be put in place to ensure "dignity and the end of life ".We will improve the previous
one and then the concept of euthanasia is more than distant reality.
v. Patient Right
It is often forgotten that the patient has the right to refuse treatment. A doctor who treats a
patient according to his wishes may be accused of abuse. It would make sense to inform
people of their right to refuse treatment. There is no need to change the rule of law
established by law.
Regardless of the purpose of the "right to die" or "Help with euthanasia" could easily open
the door to active euthanasia.
In the current climate of opinion it is easy to imagine a doctor who administers a lethal dose
of painkillers and confirms that death is the best way to eliminate physical suffering. If the
doctor could prove that the patient had asked for a lethal dose, the court could accept the

6
 Mercy Killing

law. Advantage read many do not like the possibility of voluntary and voluntary
euthanasia. But two things should give us a break.
vi. Dutch Experience with Euthanasia
The Netherlands is widespread is considered as one of the most civilized countries in the
world. Active euthanasia is legal there, but in the past decade the government has not
prosecuted any doctor who allegedly helped patients commit suicide.
The recent review of euthanasia by the Dutch government has led to disturbing results. In
1990, 1030 Dutch patients were killed without their consent. And out of 22,500 deaths, 63%
(14,175 patients) were denied medical care without their consent. Twelve percent (1,701
patients) were mentally qualified but were not consulted.
These results were obtained before the US referendum. Federation November 1991,
Washington published and helped remove the proposal to legalize illegal injections and help
with suicide.
The experience of the Netherlands seems to indicate that the "right to die" may soon become
an obligation. This concept it is dangerous and you can be a victim if euthanasia becomes
legal in North America.
vii. Potential for Abuse
We must consider the possibility of abuse when the legality of a murder becomes
legal. And if someone pays a million dollars when Aunt Gladys dies? Would not it be to
tempt his heir to take him for a lethal injection? Or if he did not get the key, then he would be
so bad he wanted some?
If voluntary euthanasia becomes legal for "healthy minds", there will inevitably be a lot of
pressure on those who do. "Please if you could" - mentally ill or handicapped, senile, etc.
After all, in many hearts, despite compassion for the suffering of death, is there a less
admirable motive? Few people they are so unclear that euthanasia and health care costs are
combined into one breath. However, only a few medical treatment costs for the elderly are
higher. If she than we can pay. This economic pressure will increase in the coming years as
the population ages.

viii. The Alternative of Euthanasia

An alternative to legalized euthanasia not it is exceptional and insignificant treatment for
patients who are desperately dying. Options they are appropriate medical treatment, including
1) Withdrawal of treatment at the request of the patient or if this treatment has no therapeutic
purpose; and

7
 Mercy Killing

2) Delivery Drugs against the control of pain. No doctor, no law or an organization opposes
stopping treatment at the time of death.

5. Current Position in India (After Aruna Shanbaug case)

SC allows passive euthanasia, rejects Aruna's plea In a path-breaking

judgement, the Supreme Court allowed "passive euthanasia" of withdrawing life
support to patients in permanently vegetative state (PVS) but rejected outright
active euthanasia of ending life through administration of lethal substances.

Abandonment Aruna Shanbaug, 37 years old in a vegetative state in a hospital in Mumbai, a

bank of judges with two judges Markandeya Katju and Gyan SudhaMishra presented a set of
rigorous guidelines for the legalization of passive euthanasia through a court-supervised
mechanism.
Although the court of first instance has established guidelines on passive euthanasia, he said
it would now be a land law. Until Parliament approves the appropriate legislation.
The Bank also urged Parliament to remove 309 CPIs (suicide attempts) it is anachronistic
"however Constitution It's validated. "
"A person is trying to commit suicide in a depression, so she needs help rather than
punishment." Saying legal Katyu in judgment
The High Court ruled that, although there are no legal provisions to cancel the life insurance
plan of a permanent vegetarian, she believed that "passive euthanasia" could be allowed in
certain cases to which she apply. Introduces and controls Supreme Court policies to resolve
queries.
"It must be decided whether the father or the spouse, or other close relatives, should stop the
life coach, or if none of them exist, the decision can also be made by the person or
organization who act as next friend.” he added.
"Doctors can also take it. However, the decision must be justified in the patient's interest and
approved by the Supreme Court.

6. Recommendation
From the findings of past interpretations and analyzes, it is clear that the term "euthanasia"
and its legal status in India are familiar. People believe that there is no alternative to
euthanasia than they should get used to it. Help the patient to eliminate his pain and suffering
in an unfavourable way. But since he has two positive and negative aspects, he also has the
same thing that helps people get rid of their pain, but the bad ones cause them wrong make
sure it is used, but the doctor should make the appropriate examination and treatment before
doing so.

8
 Mercy Killing

7. Conclusion
In addition to the moral and ethical problems posed by this problem, many other problems
arise from this discussion. There are several new treatments we do the experience more
genes and new areas, such as stem cell technology. By she so much It is reasonable to assume
that a space that is now treated as a terminal cannot become a space where treatment is
possible after a few years. Who decides if the state of the terminal? If it's a medical team,
who will you trust? How to prevent abuse, especially when we have seen so many new cases
where older people have been exposed by taking care of them?-Is this a bad thing? Or The
rich Thing? Suppose that treatment abroad is very expensive abroad and that a poor person
cannot afford to do it in terminal mode.- How is the logistics of killing a patient suffering
from drugs?-That would come exploitation a country with much more need
than disease bed what think you people Is India ready for something
I am of agreement that we have to the comply with certain strict control measures.
Many people support the death of the terminally ill patient, but what happens if the law
becomes mandatory and what come the potential for abuse of an impatient heir?
Should dying patients have the right to tell their doctor that they will not receive or Carry
on medical treatment should the doctor protect the prosecution if it shortens the life
expectancy of analgesics.
Most of us to answer the both questions Yes But do that mean that we have the right to die or
what more he will appear At first glance
In a public debate about the treatment of deceased patients, two different questions are often
confused. All of on board, the right to die from a definitive illness without invasive medical
procedures. Secondly, the question arises whether Santander's death also gives him the right
to speed up his own death and the help of doctors and nurses.