If there is a law for euthanasia, then why did the Supreme Court not allow it? Know what kind of complications exist in ending one’s life in the country and the world?

New Delhi: The same Supreme Court which had permitted euthanasia has now rejected the plea of ​​helpless parents. The Rana couple of the capital Delhi had knocked the doors of the Supreme Court with a heavy heart. 62-year-old Ashok Rana and 55-year-old Nirmala Devi have a 30-year-old only son. he/she was seriously injured 11 years ago and has been in a coma since then. he/she is also being fed through the nose. The parents have exhausted all their money in looking after their son who has been unconscious for a decade but the doctors have now refused to see any improvement in his/her condition. For this reason, the parents had sought euthanasia for their beloved son from the Supreme Court. They had sought permission from the Supreme Court to remove the Ryles tube which supplies food to their son’s stomach through the nose, but the Supreme Court refused. The Supreme Court said that passive euthanasia is permitted in India and the removal of the Ryles tube does not come under its purview. The court said that the Ryles tube is not a medical support. If permission is granted to remove it, it will not come under the purview of passive euthanasia and doing so is not permitted in India. Let us know how many types of euthanasia are there and in which countries of the world euthanasia is permitted.

1. Active voluntary death: Ending the life of a person suffering from an incurable disease and undergoing unbearable pain by giving lethal drugs.

2. Passive euthanasia: Terminating the life of a person who has been in a vegetative state for at least six months by removing life support systems.

3. Assisted suicide, This is called assisted suicide in English. In this, the patient decides to end his/her life in full consciousness and the doctor helps him/her by giving him/her medicines and other means. In America, this is called ‘physician aid in dying’ (PAD).

4. Living Will: It is a document in which a person expresses his/her wish whether he/she would like to continue living with the help of medical resources when it becomes impossible to recover from his/her incurable condition.

All the savings were spent on the treatment, please grant euthanasia to the son… Why did the Supreme Court reject the petition of the parents

Understand the difference between coma and vegetative state

It is clear from the above points that whether the patient himself asks for euthanasia or his/her caretakers ask for it on his/her behalf. If the patient is in a coma, then only his/her caretakers can ask for euthanasia on his/her behalf because he/she is completely unconscious. At the same time, there is also a state in which the patient is conscious, but he/she is not able to give any reaction. These two conditions are called coma and vegetative state respectively.

Coma: A coma is a deep state of unconsciousness in which a person cannot respond to pain and appears to be asleep. It can be caused by injury, illness or poisoning. It occurs when the brain’s stimulation system or communication between brain areas is disrupted. A person in a coma cannot be awakened.

Vegetative State: This is called the unresponsive waking state. In this, the patient is completely unconscious but wakes up sometimes and has periods of wakefulness and sleep. In the vegetative state, people appear awake, but are unable to respond meaningfully to the outside world. Their eyes may be open, they may yawn, grunt or make other sounds, but they cannot follow things with their eyes, talk or gesture. They also do not show any kind of emotion.

The legal journey of euthanasia in India

The official discussion on euthanasia in India began in the early 2000s, but the turning point came in 2005. Then the Law Commission released its 196th report on the ‘Medical Treatment of Terminally Ill Patients (Protection of Patients and Medical Practitioners) Bill 2006’. This report officially brought the topic of euthanasia and the right to die with dignity into legal and public discussion.

Aruna Shanbaug case, 2011

A watershed moment in the euthanasia debate in India was the Aruna Shanbaug case. Aruna Shanbaug, a nurse in Mumbai, lived in a vegetative state for over 37 years after a brutal attack in 1973. The Supreme Court ruled on journalist Pinky Virani’s petition seeking permission for euthanasia on behalf of Aruna Shanbaug in 2011. The Supreme Court in its landmark judgement permitted passive euthanasia under strict guidelines. This was the first time the judiciary officially recognised the practice under specific circumstances. The Court created a legal framework for passive euthanasia, stating that life support systems could be legally removed for patients in a permanently vegetative state or suffering from a terminal illness, but only under the strict supervision of the Court.

241st Report of the Law Commission, 2012

Following the Aruna Shanbaug case, the Law Commission released its 241st report titled ‘Passive Euthanasia – A Reconsideration’ in 2012. The report reiterated the recommendations for passive euthanasia and highlighted the need for proper legal provisions and guidelines to protect patients, their families and medical practitioners.

Landmark Judgement of Supreme Court, 2018

The Supreme Court delivered a landmark judgement in March 2018 in the case of Common Cause vs Union of India, legalising passive euthanasia and recognising the validity of the ‘living will’ of terminally ill patients. The Court laid down detailed guidelines for the process to ensure that the right to die with dignity is respected while preventing potential misuse of euthanasia laws.

What is the law on euthanasia in which country of the world, know

Netherlands
➤ Euthanasia is legal for patients experiencing intolerable suffering with no possibility of improvement.
➤ Patients must be over the age of 12. Parental consent is required for those under the age of 16.
➤ This procedure can only be performed by a doctor who follows strict criteria, which include consultation with another independent doctor.

Belgium
➤ Euthanasia is legal for adults and emancipated minors.
➤ Patients must be in a state of persistent and unbearable physical or mental suffering.
➤ This request must be voluntary, well-thought-out and repeated without any external pressure.

Canada
➤ Medical assistance in dying (MED) is legal for adults suffering from a serious and incurable medical condition.
➤ Patients must be able to make decisions about their health and should give informed consent.
➤ A written request signed by two independent witnesses is required. There must be a mandatory waiting period between the request and the process.

Switzerland
➤ Assisted suicide is legal, but euthanasia is not.
➤ The person providing assistance should not have any personal interest and must ensure that the patient’s decision is voluntary.
➤ Euthanasia organisations such as Dignitas and Exit offer services to both Swiss citizens and foreigners.

America
➤ Euthanasia is illegal in most states of America.
➤ Physician-assisted suicide (PAD) is allowed in some states like Oregon, Washington, California, Colorado, Vermont, Maine, New Jersey, New Mexico, Montana, and Hawaii.
➤ The patient must be terminally ill with a prognosis of survival of six months or less.
➤ The request must be voluntary and the patient must be able to make and communicate healthcare decisions.

Australia
➤ Euthanasia and assisted suicide are legal in several states, including Victoria, Western Australia, Tasmania and Queensland.
➤ The patient must be an adult suffering from an incurable condition causing unbearable suffering.
➤ he/she or she should be expected to die within six months (or 12 months for neurodegenerative conditions).
➤ This decision can be taken only after various assessments by the doctors.

Colombia
➤ Euthanasia is legal for terminally ill patients who are suffering extreme pain.
➤ Patients must provide informed consent and the procedure must be performed by a doctor.
➤ This process is overseen by the Ministry of Health and Social Security.

New Zealand
➤ Effective November 2021, euthanasia and assisted dying became legal under the End-of-Life Options Act 2019.
➤ This law applies to adults suffering from a terminal illness that is likely to end their life within six months.
➤ Patients must be of sound mind to make decisions voluntarily and independently.

Spain
➤ Both euthanasia and assisted suicide are legally recognised.
➤ This applies to patients with serious, incurable diseases who are suffering from unbearable pain.
➤ For this procedure, the incurable disease must be confirmed through various tests.
➤ A formal request is required from the patient.

Germany
➤ Assisted suicide is legal following a ruling by the Federal Constitutional Court in 2020
➤ Euthanasia is not allowed in Germany.
➤ The decision to end life should be the patient’s own and well thought out.