DILEMMA ABOUT EUTHANASIA

Euthanasia refers to the practice of an individual deliberately ending their life, often- times to get relief from an incurable condition, or intolerable pain and suffering. Euthanasia, which can be administered only by a physician, can be either 'active' or 'passive'.

Active euthanasia involves active intervention to end a person's life with substances or external force, such as administering a lethal injection. Passive euthanasia refers to withdrawing life support or treatment that is essential to keep a terminally ill person alive.

Passive euthanasia was legalized in India by the Supreme Court in 2018, contingent upon the person having a 'living will' or a writ- ten document that specifies what actions should be taken if the person is unable to make their own medical decisions in the future .

In case a person does not have a living will, members of their family can make a plea before the High Court to seek permission for passive euthanasia.

What did the SC rule in 2018?

The Supreme Court allowed passive euthanasia while recognizing the living wills of terminally-ill patients who could go into a permanent vegetative state

"We declare that an adult human being having the mental capacity to make an informed decision has the right to refuse medical treatment including withdrawal from life-saving devices," the court said in the 2018 ruling.

And what was the situation before 2018? In 1994, in a case challenging the constitutional validity of Section 309 of the IPC- which mandates up to one year in prison for attempt to suicide - the Supreme Court deemed the section to be a "cruel and irrational provision" that deserved to be re- moved from the statute book to "humanize our penal laws". An act of suicide "cannot be said to be against religion, morality, or public policy, and an act of attempted suicide has no baneful effect on society", the court said.

However, two years later, a five-judge Bench of the court overturned the decision , saying that the right to life under Article 21 did not include the right to die, and only legislation could permit euthanasia.

In 2011, the SC allowed passive euthanasia for Arena Shanbaug, a nurse who had been sexually assaulted in Mumbai in 1973, and had been in a vegetative state since then.

Instead of the hospital and Collector forming the two medical boards, both boards will now be formed by the hospital. The requirement of 20 years of experience for the doctors has been relaxed to five years.

The 2018 guidelines require two wit- nesses and a signature by the Magistrate; now a notary or gazette officer can sign the living will in the presence of two witnesses instead of the Magistrate's countersign. In case the medical boards set up by the hospital refuses permission, it will now be open to the kin to approach the High Court which will form a fresh medical team.

DIFFERENT COUNTRIES, DIFFERENT LAWS

NETHERLANDS, LUXEMBOURG,BELGIUM allow both euthanasia and assisted suicide for anyone who faces "unbearable suffering" that has no chance of improvement.

SWITZERLAND bans euthanasia but allows assisted dying in the presence of a doctor or physician.

CANADA had announced that euthanasia and assisted dying would be allowed for mentally ill patients by March 2023; however, the decision has been widely criticized, and the move may be delayed.

UNITED STATES has different laws in different states. Euthanasia is allowed in some states like Washington, Oregon, and Montana.

UNITED KINGDOM considers it illegal and equivalent to manslaughter.