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Australian state allows voluntary euthanasia in 2019

Note4Students

Mains Paper2: Government policies and interventions for development in various sectors and issues arising out of their design and implementation.

The following things are important from UPSC perspective:

Prelims: Euthanasia

Mains level: Australia has legalized voluntary euthanasia 20 years after it repealed its mercy killing law. Euthanasia has been in news for quite some time now and it becomes important for mains.


News

Context

  1. An Australian state parliament has legalised voluntary euthanasia 20 years after the country repealed the world’s first mercy-killing law for the terminally ill. 
  2. The final vote in the Victorian parliament on Wednesday means that doctor-assisted suicide will be allowed in Australia’s second-most populous state from mid-2019.

First Jurisdiction in the world to legalise doctor-assisted suicide

  1. Australia’s sparsely populated Northern Territory in 1995 became the first jurisdiction in the world to legalise doctor-assisted suicide for terminally ill patients.
  2. But the Australian Parliament overturned that law in 1997 after four people had been helped to die.

Back2basics

Euthanasia

  1. Generally, the word euthanasia is defined as the, act or practice of painlessly putting to death or withdrawing treatment from a person suffering an incurable disease.
  2. Euthanasia is intentionally killing another person to relieve his or her suffering. 
  3. There are 2 types of euthanasia: Passive euthanasia and Active euthanasia.
  4. Active euthanasia is defined as taking an immediate action such as using lethal injection to painlessly put a terminally-ill patient to death.
  5. Passive euthanasia is withdrawing treatment while the life of the patient is still dependent on it and when it is believed that treatment is more burdensome than beneficial.
  6. Passive euthanasia allows the patient to die naturally and is often considered more acceptable. 

 

 

 

[op-ed snap] The will to die — on ‘living wills’

Image Source

Note4students

Mains Paper 2: Governance | Welfare schemes for vulnerable sections of the population by the Centre and States and the performance of these schemes; mechanisms, laws, institutions and Bodies constituted for the protection and betterment of these vulnerable sections.

From the UPSC perspective following things are important:

Prelims Level: Vegetative state, Living will.

Mains Level: Much debated topic. The SCs cognizance on the issue has made it more important for the Mains paper.


News

Context

  1. The article talks about the recent case came before the Constitution Bench of the Supreme Court
  2. The case is on allowing euthanasia as a means to protect the dignity of patients in a vegetative state

What is a vegetative state?

  1. A vegetative state is absence of responsiveness and awareness due to overwhelming dysfunction of the cerebral hemispheres(a part of brain), with sufficient sparing of the diencephalon and brain stem to preserve autonomic and motor reflexes and sleep-wake cycles

What is a living will?

  1. A written statement detailing a person’s desires regarding future medical treatment in circumstances in which they are no longer able to express informed consent, especially an advance directive

Should the law allow ‘living wills’?

  1. The court will have to resolve the question whether the right to life under Article 21 of the Constitution(while taking decision on euthanasia and living will)
  2. And according to an earlier verdict, Article 21 does not include the right to die
  3. And a living will may relieve the close family members and caregivers of a terminally ill patient of the moral burden of making a life-ending decision

Courts reaction on this

  1. While reserving its verdict, the court has indicated that it may lay down comprehensive guidelines on operationalising the idea of living wills

Government’s stance on the issue

  1. The government has opposed the concept of an advance directive, arguing that it would be against public policy and the right to life
  2. The government is rightly concerned that the idea may be misused and result in the neglect of the elderly

Earlier judgement of SC on Euthanasia

  1. The Supreme Court, in a landmark verdict in 2011, ruled out any support for active euthanasia
  2. But laid down a broad legal framework for passive euthanasia, or the withdrawal of life support subject to safeguards and a fair procedure

The way forward

  1. In the present case, the court may have to draw up stringent safeguards for certifying living wills, preferably by a judicial officer
  2. And lay down the exact stage at which the advance directive becomes applicable
  3. The court’s observation that it would initiate only after a medical board rules that a person’s condition is incurable
  4. So, Living wills, if sanctified in law, should come with robust safeguards

Passive euthanasia Bill ready, but ‘living will’ may be misused: Govt tells SC

Image source

Note4students

Mains Paper 2: Governance | Government policies & interventions for development in various sectors & issues arising out of their design & implementation.

From UPSC perspective, the following things are important:

Prelims level: Active and passive euthanasia, persistent vegetative state (PVS)

Mains level: All aspects related to euthanasia


News

Draft law for euthanasia

  1. The Centre told the Supreme Court that it was vetting a draft law allowing passive euthanasia
  2. But was opposed to permitting people to make a ‘living will’ — that they should not be put on life support in case of terminal illness — as it could be misused

The draft bill

  1. The ‘Management of Patients With Terminal Illness — Withdrawal of Medical Life Support Bill’ has been drawn up in keeping with the recommendations of the Law Commission

Passive euthanasia and its status in India

  1. Passive euthanasia is the law of the land
  2. Court findings in the Aruna Shanbaug case have allowed it
  3. The Law Commission, under the chairmanship of Justice (retired) P V Reddy, had in its 241st report come out in favour of allowing withdrawal of life support for certain categories of people — like those in persistent vegetative state (PVS), in irreversible coma, or of unsound mind, who lack the mental faculties to take decisions

Social and philosophical aspects

  1. Forcing a person to take medical treatment against their will is also a social issue
  2. On one hand, country is short of medical facilities etc, and on other hand, we force those who are in a hopeless situation to take treatment
  3. This also raises a “philosophical question” on whether a person can refuse treatment
  4. An individual who refuses to undergo treatment may become a burden on the resources of the state

Way forward

  1. As laid down in the Shanbaug case, the way ahead was to allow medical boards to decide whether to allow passive euthanasia or not

Decriminalising suicide- background & foreground

  1. Background: Earlier, in August 2014,Govt had said that it would decriminalise suicide
  2. The Law Commission of India in its 210 report on ‘Humanization and Decriminalization of Attempt to Suicide’ had recommended the removal of Section 309 from IPC
  3. What next? Home Ministry is in the process of effacing the section as recommended by the Law Commission along with amendment of certain other sections of the CrPC and IPC in consultation with all stake holders
  4. Loophole: There are suicide bombers who fail in their attempt to blow themselves up and other terrorists who consume cyanide pills with the intention to wipe out evidence

RS passes Bill decriminalising suicide

  1. The Mental Health Care Bill, 2013: Decriminalise suicide and provide better healthcare for people with mental illness
  2. Provision: Any person who attempts suicide shall be presumed, unless proved otherwise, to have mental illness and shall not be liable to punishment under Section 309 of the Indian Penal Code
  3. Section 309 IPC: Whoever attempts to commit suicide and does any act towards the commission of such offence, shall he punished with simple imprisonment for a term which may extend to one year 1 [or with fine, or with both]

Let ‘people’s court’ decide on euthanasia: SC

  1. Context: Question of legalizing passive euthanasia and living will in India
  2. News: SC said that the Parliament should be the final judge to decide the legality of passive euthanasia and living will
  3. Passive Euthanasia: An act of withdrawing medical treatment with the deliberate intention of causing the death of a terminally-ill patient
  4. Living Will: An advance directive by a person to physicians for end-of-life medical care

Supreme Court asks Centre to clear stand on euthanasia

  1. A 5-judge Constitution Bench asked the govt. to make it’s stand clear on euthanasia.
  2. The law officer pointed out a bill for allowing passive euthanasia was pending.
  3. Medical Treatment of Terminally ill Patient (Protection of Patients and Medical Practioners) Bill, 2006, is pending in Parliament, which deals with the issue.
  4. There is a report of Law Commission which says that passive euthanasia should be allowed with certain safeguards.
  5. A regulation under Medical Council of India Act says that practising euthanasia would constitute unethical conduct.


:( We are working on most probable questions. Do check back this section.







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