Mixed views among experts over legalising Euthanasia in India

Mumbai, May 6: There are mixed views among legal, medical experts and intellectuals as to whether 'euthanasia' or 'physician assisted suicide' should be made legal in India.

Euthanasia or 'mercy killing' is the practice of helping severely-ill people to die, either at their request or by taking the decision to withdraw life support.

Ace lawyer Mahesh Jetmalani told UNI, ''Euthanasia should be made legal. If the patient is in torturous pain and death is inevitable then the person should be given the freedom or option.'' High Court Advocate Ram Bijlani echoes the sentiments of Jetmalani. He said ''Euthanasia should be legalised. But making the law and implementing it are two different things. It depends on the situations and circumstances. In terminal cases of patient if the government is willing to take care of them, its OK. But if not, how will they live such a miserable life? Then end it, but with a proper doctors certificate. There should be proper legal implementation.'' Mr Bijlani fears that the law might be misused. He explains, ''Nowadays people kill each other for property and small amounts of money. Barely one per cent people can afford a ventilator. There are miracles when people have also come off the ventilator. But these are very rare.'' Mr Vijayan Nair, former Assistant Manager with the Reserve Bank Of India is also agree that euthanasia should be legalised.

''It is difficult for people to digest this, but I think it is OK.

My friend's mother was immobilised in bed for 25 to 30 years like a vegetable. She had shrunk to three-and-a-half-feet. My friend said that she cried so much that her tears have dried up. The best doctors have been consulted, but to no avail. What do you do then?'' he asked.

Others like Dr Lalita Bhatt, a city-based doctor is strictly against legalising euthanasia. She said, ''People will misuse it to settle property disputes.'' City-based psychiatrist Dr Ashish Deshpande offers food for thought. He said, ''Birth and death is not under the control of human beings even though they go through the process. Science has helped us to interfere in the process of birth as a result the rate of infant mortality has reduced. The big question we need to ask is, do we use this intervention to reduce life?''

Dr Deshpande said, ''When terminal illness mocks pleasure of life, the medical and legal fraternity and social intelligentsia should sit together and formulate laws for euthanasia. There should be a well defined criteria. The choice of dying should be with the person and in no way should the medical profession be associated with euthanasia.'' Dr Preeti Hatkar, a gynecologist said she felt euthanasia should be legalised if and only if there is zero recovery and relatives feel right about it.

She added that there should be several clauses. ''Even abortion is legalised, but there are certain clauses. It cannot be used to harm the girl child. I don't think it will be legalised so soon. It will take at least 10 years. They will have to go to the ground of it.'' Assistant Manager with Reserve Bank of India Ms Vijaya Nair said one cannot equate human beings to sick animals. ''Only very sick animals are 'put to sleep'.'' According to her the ailing person should be cared for and treated well. ''A sick person is always depressed and will not be able to make the right decision for himself,'' she said.

We are living in an age of medical miracles. Medicine has made such rapid strides that patients throughout the world are kept alive by the use of defibrillators, respirators and pacemakers.

According to a study conducted by the American Encephalographic Society, when an EEG reading is 'what is known as ''flat line''', the person is officially dead. It actually means is that although there may not be any brain activity, other vital organs can work by means of certain equipment. Now heart-lung machines can augment the duration of life.

While Section 309 of the Indian Penal Code (IPC) says that attempted suicide is a criminal offence, it keeps mum on euthanasia. The irony is that it is the fear of misusing the law which is holding back many experts from legalising it. It is again, a conflict between the humane, the ethical and the legal.

World over euthanasia has been 'decriminalised', especially in European countries like Netherlands, Belgium and Switzerland.

Additionally, the US State of Oregon has a 'Death with Dignity Act' 'Assisted suicide' exists in Switzerland; legally condoned, it can be performed by non-physicians. Though the issue remains controversial, many terminally ill foreigners, including Britons, now travel to Switzerland to take the drastic step, using Swiss rules, which are liberal on assisted suicide.

But as the law stands in England, Wales and Scotland, deliberate or 'active' euthanasia will normally leave anyone assisting suicide or death liable for murder.

UNI