Shailendra Singh
Research Scholar,
NIILM University, Kaithal, Haryana
shailendrasinghllm@gmail.com
Dr. Vikas deep Kohli
Research Guid,
NIILM University, Kaithal, Haryana
Email: vikasdeep@niilmuniversity.ac.in
Abstract
In India, due to mental and physical abuse towards women in various forms, euthanasia has been sought by women for centuries, whether in conscious or unconscious state, due to the unbearable extent of pain themselves and their relatives, friends etc. Demand has also been made. However the legal status of physician-assisted suicide (PAS) in India can be seen in the Indian Penal Code as well as the Indian Constitution banning both active and passive euthanasia. The Indian judiciary and legislature, guardians of the Indian Constitution, have also been inactive in this regard, while Hinduism in India has a clear doctrine on the subject, with Hindu religious texts using the term “suicide” for suicide, including deliberate Or elements of voluntariness are also involved. Hinduism respects enlightened people who have voluntarily decided the manner of their death. Just as in Ramayana, Mother Sita and Lord Rama voluntarily left their bodies and in Mahabharata too, Pandavas started their great journey of sacrifice through “Maha Prasthan” or their migration to the Himalayas and one after the other they depended on air and water until he left his body. In the Indian tradition such deaths by enlightened persons have never been equated with the popular notion of suicide. What remains to be seen is how long it takes for a legal uproar in the Indian legislature and judiciary on this sensitive issue and keeping these facts in mind the social discussion on the selected topic will be analysed.
Keywords- Physician-assisted suicide (PAS), Hindu religion, Maha Prasthaan, Euthanasia.
Introduction
In India, many problems arise due to mental and social exploitation of women, about which people do not pay attention nor do they try to find out the reason for it, for example, this is the case of King Edward Memorial (K.E.M) is from ward number four of the hospital. It was a heart-wrenching incident in which a nurse, Aruna Shanbaug, was brutally attacked in an attempt to rape by a class IV employee of the same hospital, after which the nurse remained in an unconscious state for the last 37 years. The Indian Supreme Court rejected Aruna’s plea for mercy killing and said that the right to life does not include the right to die.[1] Although it was later recognized to some extent after the decision of another case Smt. Gyan Kaur vs. State of Punjab, recently a judge (Civil Judge Junior Division) named Arpita Sahu of Baberu Banda, Uttar Pradesh, referred to the Chief Justice of India Wrote a letter demanding euthanasia because she was fed up with the Chief Justice’s threats of physical abuse.[2] On the lines of Judge Arpita Sahu, a former woman additional civil judge and judicial magistrate of Nagaur district of Rajasthan had taken contempt proceedings against two undisciplined lawyers, alleging sexual harassment at workplace by the woman judge to hush up the matter under the pressure of an influential lawyer. A complaint was also lodged. In such a situation, treatment is very difficult for exploited women.[3] On one hand, women fed up with mental and physical abuse are demanding euthanasia from the law, on the other hand, the law itself is stuck in its own process, and the basic law of the country is in the hands of the court, whereas in the mythological system, Hinduism in India is considered not wrong.
Research question
Do Indian laws fail to reduce the physical and mental exploitation of women, due to which euthanasia is the best option for women?
Violence against women is a social, legal (physical and mental) issue that is a preventable cause of morbidity and mortality in women, the relationship between violence against women and mental illness in itself is a topic on which there is ample research. Research has been done. It is quite difficult to enforce laws related to violence in case of mental illness but easier in case of physical violence. Despite social and religious prohibitions against it, it continues in all cultures. There has been an effort by the government to include violence against women in the national agenda, which was supported by the Government of India under Justice J.S. Solved by forming Verma Committee. In the case of Vishaka v. State of Rajasthan[4] guidelines were given by the Supreme Court of India regarding sexual harassment of working women but despite many laws, it could not be banned, due to which euthanasia by seriously exploited women remained legal. Demand started being made because under section 309 of the Indian Penal Code, suicide is a legal offense and if a person survives then there is a provision for punishment. But above all, I believe that asking for euthanasia of a suffering Woman from the Indian Supreme Court exposes the poor legal system in front of the society, for which the Indian judicial system is completely responsible and somewhere our governments and legislature are equally to blame for this.
Does Indian constitutional law hinder the legality of euthanasia in India? How can Hindu religion be helpful in that?
One of the important points raised before the Supreme Court in the case of Shri Mati Gyan Kaur v. State of Punjab[5] in favour of legalizing euthanasia in India was that the ‘right to life’ under the Indian Constitution also includes the ‘right to die’. However, this argument was rejected by the Supreme Court of India and held that the ‘right to life’ under Article 21 does not include the ‘right to die’ and cannot in any way be construed to mean the same. Therefore, the Supreme Court of the country does not recognize the illegality of euthanasia as constitutionally invalid.
In the case of Aruna Ramchandra Shanbaug v. Union of India[6] it was held that in the case of an incompetent person, who is not competent to take the decision of withdrawal of life support in his own case as a parent, there is no doubt, close relatives, next of kin And the views of doctors should be given due importance. Only the court can ultimately make this decision in the case of an incompetent person who is unable to decide whether to withdraw life support. Although active euthanasia is completely illegal, passive euthanasia has been legalized to an extent, following the guidelines laid down in this case. The Law Commission has also recommended legalizing euthanasia in its 241st report.[7]Euthanasia is the method to remove human suffering on earth. Reinterpreting the fundamental Hindu principles of karma and dharma, suicide is therefore both condemnable and praiseworthy.
Suicide was the highest form of sacrifice in classical Hinduism. As time passed, people began to resort to suicide for reasons other than religious. In the classical period, suicides were deprived of cremation and Shraddha rites, but contemporary Hindus cremate such people and perform post-cremation ceremonies for them, which means they do not differentiate between the two. Although Hindus recommend suicide for the physically disabled, Religion and morality have become relative issues in the entire controversy over euthanasia and violence against women.
Methodology
The research process that will be used by the researcher in this research paper is known as sociolegal research. This is the factor that prompts us to know why the compliance with the laws related to euthanasia in India is lax and what are the factors that make euthanasia not acceptable in the presence of Hindu religious principles. The researchers are expressing their personal opinions. Here we will try to verify our ideas through answers to the questions. Despite the existence of a substantial theoretical and empirical literature, the evidence regarding the impact of learning in ancient history is mixed. In this research paper, the researcher will do a literature review and meta-analysis of the selected topic and will analyse in his report that by obtaining information through history, new ideas can be given legal recognition and its impact in the society can be seen in new dimensions.
Conclusions
In this research paper, the researcher finally wants to say in his conclusion that euthanasia has been given legal recognition in some countries of the world, but in India, only passive euthanasia has got legal recognition with some conditions. Why has active euthanasia not got any legal recognition? That till now we have not been able to reach a clear distinction between suicide and euthanasia, where the two principles are very closely related and the difference is only a hair’s length, which in the view of the researcher, euthanasia is suitable for those people who are incurable. Those who are suffering from the pain of diseases and in the eyes of doctors, due to their unbearable pain, it is appropriate to give them relief from life, whereas suicide, which is made punishable by law under Section 309 of the Indian Penal Code, 1860, needs to remain in effect, The difference which has also been described in Hindu principles.
Suggestion
The researcher would like to mention in his suggestion that keeping in mind the principles of Hindu religion in the present circumstances; it is not illegal to give euthanasia to a patient suffering from incurable diseases with the permission of the patient when he is capable of giving his consent Or when he is unable to give consent, the opinion of his family, friends and a panel of doctors would be appropriate.
- Refrences-
- Modi, Z. (n.d.). Euthaneshia/ marcy killing . In Ten Judgement that India change.
- reporter, T. b. (December 19,2023). Terminated lady judge, who claims to have highest case disposal rate, writes to CJI alleging injustice being meted to her.
- reporter, T. b. (December 19,2023). Terminated lady judge, who claims to have highest case disposal rate, writes to CJI alleging injustice being meted to her.
- (V.N.Shukla, 1997 6 SCC 241 AIR 1997 SC 3011) V.N.Shukla. (1997 6 SCC 241 AIR 1997 SC 3011). Vishaka v. State of Rajasthan. Estern Book Company Lucknow.
- (V.N.Shukla, 1997 6 SCC 241 AIR 1997 SC 3011) V.N.Shukla. (1997 6 SCC 241 AIR 1997 SC 3011). Vishaka v. State of Rajasthan. Estern Book Company Lucknow.
- (Pandey, AIR 1996 SCC 649)
- (https://blog.ipleaders.in/euthanasia-india-legal-aspect/, May 16,2020)
[1] (Modi) . Modi, Z. (n.d.). Euthaneshia/ marcy killing . In Ten Judgement that India change.
[2] (reporter, T. b. (December 19,2023). Terminated lady judge, who claims t o have highest case disposal rate, )
[3] ((reporter, T. b. (December 19,2023). Terminated lady judge, who claims t o have highest case disposal rate, ))
[4] (V.N.Shukla, 1997 6 SCC 241 AIR 1997 SC 3011) V.N.Shukla. (1997 6 SCC 241 AIR 1997 SC 3011). Vishaka v. State of Rajasthan. Estern Book Company Lucknow.
[5] (Pandey, AIR 1996 SCC 649)
[6] Sorabjee, Z. M. ((2011) 1 SCALE673.). 10 Judgement that cangend India Pn.209. Shobha day Published by the Pengin Group.
(https://blog.ipleaders.in/euthanasia-india-legal-aspect/, May 16,2020).
