Review Article EUTHANASIA : PROBLEMS AND PROSPECTS IN INDIA

CHINCHOLIKAR-EUTHANASIA A CURTAIN RAISER

Abstract

ABSTRACT

In our society, the palliative care and quality of life issues in patients with terminal illnesses like advanced cancer and AIDS have become an important concern for clinicians. Parallel to this concern has arisen another controversial issue-euthanasia or “mercy –killing” of terminally ill patients In passive euthanasia, death is brought by omission..The proponents and the opponents of euthanasia and PAS are as active in India as in the rest of the world. However, the Indian legislature does not seem to be sensitive to these.

The answer to some extent came through the landmark judgement in Aruna Ramchandra Shanbaug where the judgement makes it clear that passive euthanasia will "only be allowed in cases where the person is in a persistent vegetative state or terminally ill.” In Aruna Shanbaug's "right to die" case, the Supreme Court made a significant statement on attempted suicide. Observing that a person who takes his/her own life needs help more than punishment, it asked Parliament to consider decriminalising the attempt to commit suicide. The Supreme Court judgment in Aruna Shanbaug's case seems to have, in a broad sweep, sanctioned passive euthanasia for terminally ill patients in certain circumstances .The two landmark judgements on legalising passive euthanasia have mixed reviews having ethical and legal challenges and has paved the way for medico-legal challenges in the area of the right to health, hospice and palliative care, organ transplantation etc.