Dinesh Kamath's Editorial 'Need for legislation to deal with euthanasia' that was published in Newsband

Need for legislation to deal with euthanasia

Over a decade ago, the government felt that legislation on euthanasia would amount to doctors violating the Hippocratic Oath and that they should not yield to a patient’s “fleeting desire out of transient depression” to die.

The question is whether patients who are terminally ill and possibly beyond the scope of medical revival can be allowed to die with dignity. The case of Aruna Shanbaug, a nurse who lay in a vegetative state in a Mumbai hospital between 1973 and 2015, is unforgettable.  

Court had allowed ‘passive euthanasia’, or the withdrawal of life support, subject to safeguards and fair procedure. But there are still discussions pertaining to whether the right to live with dignity under Article 21 includes the right to die with dignity, and whether it is time to allow ‘living wills’, or written authorisations containing instructions given by persons who fear of their going into a persistent vegetative state or state of terminal illness. If such legislation becomes a reality then it will help them avoid “cruel and unwanted treatment” to prolong their lifespan. There is an urgent need to resolve this conflict between pain and death.

Apart from death with dignity, passive euthanasia had another face for it, which is very much prevalent in economically weaker sections of society. The deadly diseases were left unattended as they can't afford the treatment charges. It would be great initiative, if the concerned authorities segregate the cases of euthanasia and initiate for the help to needy.

Allowing euthanasia might only lead to it being misused by rogue elements infesting the medical profession today for illegal organ harvesting and trading

The right to die with dignity for a person who is terminally ill and has attained a vegetative state of existence is acceptable provided this right is not misused for obvious reasons by the kith and kin around.

Euthanasia should be worded as mercy death rather than killing. There is a story in Mahabharata about Pitha Mahan, Bhishma lying in bed of arrows for many days and only Arjuna had prepared that bed of arrows (not bed of Roses). That arrangement was with the concurrence of all concerned including Bhishma.

But if the patient is not willing to bear the pain, then Euthanasia is important for a person who gets into vegetative state either due to accident or old age. It will reduce the emotional turmoil for the near and dear ones - and also the economic burden specifically on families with limited resources. But it should be done in presence and approval of a Medical practitioner and legal expert.

It is desirable that each and every case should be taken up on its individual merit and a court sanction obtained before undertaking Euthanasia to ensure painless death of the patient thus relieving him of his suffering and his family from the tortuous moments and economic burden. The sooner a comprehensive law on the subject is enacted, the better it will be for everyone concerned.