---Vaishnavi
“For those who are facing a terminal illness, who are in irremediable pain and suffering, and wish to exercise their right to die with dignity, a system should be available to them”
--Dr. Jack Kevorkian
INTRODUCTION:
When an individual is got with right to live, no doubt has a right to die as well i.e., voluntary euthanasia. Having been comprehended, the person suffering from any sort of illness or refusing to continue living are got with right to end their life or can restrain from continuance of medical care. The question which has to be addressed at length is that, whether the individual should have right to die or not? What it comprises of? The reason to attempt suicide varies from person to person, research showcased that major cause of nonfatal suicide is due to psychiatric illness and other minor factors are sexual or physical abuse; addiction to drugs; stressful events; financial debts; loss of loved one and many more. People who tend to attempt such act needs support and help to overcome the uneven period, not the punishment. We can witness different opinions, several outlooks and perspectives.
WHAT IS RIGHT TO LIFE?
It is a basic natural right possessed by each and everyone. In India, right to life is fundamental right which is guaranteed under Article 21 (part III) of the Constitution of India. Which states that, “No person shall be deprived of his life or personal liberty except according to procedure liberty except according to procedure established by law”
Indian judiciary has interpreted in numerous ways, which lead to right to live with dignity, right to shelter, right to livelihood, right to education, food, privacy, right to get pollution free air and water are some essentials which are important to improve life and to enjoy the rights.
WRONGFUL DEATH:
Right to die is debatable question in several cases, basic definition of death is termination of life. It is distinguished into two natural and unnatural death, natural is inevitable whereas, unnatural is circumstantial. Ending life unnatural way, be it the action of someone else or oneself over himself is legally punishable. When a life of common man becomes unbearable or tough to live than it is normal that he desires the death or the other way to understand is that, there is no place for weak, who are not suitable to survive or lack of the ability to survive i.e., “survival of fittest”, originated from Darwinian evolutionary theory as the way to portray the mechanisms of natural selection. Some undergo this because, purpose of life got fulfilled and satisfying. Thus, the willful embracing of death is known as euthanasia (dayamarana).
LEGAL ASPECTS OF SUICIDE:
The IPC section 300 and 302 punishes for killing or murder of other person, section 309 sates regarding abetment of suicide. The consent of the right to die in India, permits to ill patients with dignity. The state withdrew the prior punishment who gave an attempt to suicide, does not promote.
Section 309 of IPC states that, “Whoever attempts to commit suicide and does any act towards the commission of such offence, shall be punished with simple imprisonment for a term which may extend to one year or with fine”
Right to die in India got recognized by the case names, State v Sanjay Kumar Bhatia. Though, the Mental Health Care Bill, 2013 is still under the processing, which was proposed not to decriminalize the attempt to suicide.
I am of opinion that, if one has right to life than it should go same with right to die as well, without anybody’s interventions. Ultimately, death is permanent peace, one who in seek of it, must have it. Nothing new comes without critics, Indian society may not accept the euthanasia as majority defy it. Anyhow, life is precious to all one has to act accordingly.
The argument which has put forward is that, only god (nature or universe) has the right to decide the end of individual and going against his will is the sinful act. Hinduism, it is believed that, person who attempts will not get salvation (moksha). On the other hand many religion believed suicide as necessary ailment.
INTERNATIONAL STRUCTURE:
Euthanasia is legal in Netherland, Ireland, Belgium, Luxembourg and Colombia. In USA it is illegal but California, Washington, Oregon is having legal assisted euthanasia. In 1995, Australia made the world’s first to legalize euthanasia.
CONCLUSION:
To sum up, when the person has right to dignifies life, also has dignified death unduly. End of life has become important ethical issue knowing the modern medical science in India and allowing euthanasia to desired is desirable. However, it is still remains vague, whether to be made legal or not. Countries which have decriminalized have continued criminalizing the abetment to suicide or deliberate self-harm as such. Its high time for us to strengthen the mental care services in all provinces and decriminalizing it will help to reduce trauma.
REFERENCES:
https://blog.ipleaders.in/does-right-to-life-include-right-to-die/ https://www.ncbi.nlm.nih.gov/pmc/articles/PMC4261212/ https://www.thelancet.com/journals/laneur/article/PIIS1474-4422(16)00104-6/fulltext https://www.healthline.com/health/why-do-people-commit-suicide#askingabout-suicide