The Killing Of Disabled Person Is Not Compassionate It Is Euthanasia
Euthanasia
"The killing of disabled person is not "compassionate". It is "euthanasia". It
is murder The term "euthanasia" derived from a Greek word "Euthanatos" means
well death or quick death. It is always has been a sensitive topic to be
discussed. In these recent years, the only question arose is whether it should
be legalized or not? It is a hot debate going around the world till now. Before
discussing about it lets introduce this terminology… In other words, euthanasia
is the practice of ending a patient's life by doctors, medical professionals, or
another person to free them from excruciating pain and sufferings due to serious
illness. It may be either in active or passive form.
Let us understand the difference between the two:
Active and Passive Euthanasia: "Active" or "Aggressive" Euthanasia i.e quick
death or voluntary euthanasia it happens when a doctor or another person
intentionally kills a patient by active means i.e by giving them a lethal
substance or drug through injection or any other way. "Passive Euthanasia" i.e
slow death or involuntary euthanasia happens when medical professionals do not
take necessary steps to keep the patient alive i.e withdrawing or removing their
life support or feeding tube (passively).
The Moral Difference Between Killing and Letting Die:
Many people believe and accept the fact that "passive euthanasia" is moral as
doctors or other person does not have to take the responsibility of facing the
moral problems by intentionally killing patients. Also, in reality it has no
such real difference because the result is same i.e death whether done actively
or passively! Some (mostly Philosophers) also believed the fact that "active
euthanasia" is better as compared to "passive euthanasia" as it is quicker and
cleaner, so a patient does not have to go through extreme torture in the name of
pain. In the both cases, the intention is killing and "killing a person" is
morally wrong.
Legal position in India:
As far as India is considered, the status of euthanasia is - passive euthanasia
has been legalised in 2018. In case of active euthanasia, the main intention is
to kill a patient actively which would attract section 300 of the Indian Penal
Code, 1860 which is murder. Although, it is said that even if there is a valid
consent of the patient the doctor can not escape from the liability and it would
fall under the exception to the said section. Additionally, in case of passive
or non - voluntary euthanasia also, it would be struck by proviso one to section
92 of the Indian Penal Code, 1860 and thus be rendered illegal.
It should also be noted that it should not be confused with assisted suicide. In
case of Gian Kaur V. State of Punjab, where it was held that the
"right to life" guaranteed under article 21 of the Constitution of India does
not include "right to die". The case falls under section 306 of the Indian Penal
Code,1860 where Gian Kaur and her husband Harbans Singh were convicted by trial
court in which they were held guilty under section 306 of the Indian Penal Code,
1860 which says abetment of suicide.
Legal position of euthanasia in other countries:
In Netherlands, here euthanasia is legalized. Same in case of Australia. It is
the same case in England as well. While laws in U.S.A maintain distinction
between passive and active euthanasia. While the former is prohibited, later is
allowed. At present, the issue arises whether it should be legalized in India or
not? there are two types views are there based on the principle i.e one who are
supporters, who are in favour of it saying that every patient has their own
rights whether they wish to continue their lives or not and that should be
highly respected and considered because patients who are already in pathetic
condition, especially suffering from terminal disease and pain have already lost
a dignified life and deserve a better and comfortable life.
Therefore, he or she should be allowed to end a tortuous existence. Similarly,
who are opponents, they believe that health- care providers and medical
professionals should be held equally responsible towards medical negligence
which ultimately causes death as it is nothing but a clear and crystal case of
killing a patient. Hence, its morally and legally wrong. It is not only a
prohibition of right of a patient but also a cruelty towards a person! In fact,
society should take mandatory steps to give them every chance of future
recovery.
Conclusion:
We can conclude that in case of unbearable pain and suffering,
euthanasia should be allowed so that every patient who has a zero chance of
recovery does not have to go through all these, as we can say, spending lots of
money, resources or facilities on such person would be of no utility but a waste
of the same. Therefore, passive euthanasia has been legalised in 2018 (Aruna
Shanbaug case)
.
Law Article in India
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