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DOI: 10.1055/s-0039-1698362
Euthanasia: Ethical Challenges of Shift from “Right to Die” to “Objective Decision”
Publication History
Publication Date:
03 October 2019 (online)
Abstract
Euthanasia is mercy killing to alleviate the pain and misery of moribund persons. The thought in this regard is “Right to Life” includes “Right to Die.” This paper examines the issue of euthanasia in advanced stage of terminal cases with no possibility of reversal and it has been argued that there is a case for lifting euthanasia from the domain of human rights “Right to Die,” bringing the issue as a matter for professional opinion, a kind of medical advice/prescription. Guidelines need to be framed and criteria are laid down and notified under which euthanasia can be recommended. The decision is taken whether or not the criteria laid down are fulfilled in an objective manner. Like for other medical interventions “informed consent” is essential. In consideration of safeguards the decision is entrusted to a medical board and is subject to a legal prescrutiny. Professionally prescribed decision will to a great extent reduce emotive response surrounding euthanasia. The family may not have to face a difficult dilemma in deciding about euthanasia. There may not be a necessity of “living will,” although it may still be useful. The change to treat euthanasia as a professional decision/medical advice will require making legal and administrative provisions to empower medical establishment to discharge responsibility of euthanasia. It is essential to legalize euthanasia with corresponding modifications of medical ethics and code of conduct prescribed by Medical Council of India, State Medical Councils, and other regulatory bodies. It is essential to identify the procedure for carrying out euthanasia and the personnel assigned to actually carry out. Injection of lethal substance in lethal dose may be a favored choice. Once final decision after legal prescrutiny is arrived for euthanasia, differentiating passive and active euthanasia is unnecessary. In one perspective, active euthanasia is less disturbing for the patient, family, and friends as withdrawal of supporting tubes leading to dehydration, wasting, and struggling for breath associated with passive euthanasia, which nullifies the basic tenet of euthanasia, can be avoided. There is a possibility of spill over benefit of “active euthanasia” in the form of opportunity to promote cadaveric organ transplantation. Caution has to be exercised for effective safeguards to prevent misuse. There is a case for consideration for brining decision-making process regarding euthanasia within medical professional assessment and implementation.
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References
- 1 The transplantation of human organs Act,1994. Available at: https://mohfw.gov.in/sites/default/files/Act%201994.pdf. Accessed April 2017
- 2 Desikan P.. Supreme Court delivers historic judgment on Aruna Shanbaug case. Natl Med J India 2011; 24 (03) 190-191
- 3 Govt. of India, Ministry of Law. Formulation of law on passive euthanasia and a draft bill “Terminally patients (protection of patients and medical practioners). Available at http://Law Commission of India.nic.in/reports Accessed November 2016
- 4 Minocha VR, Mishra A. Comments on formulation of law on passive euthanasia and its draft bill ‘terminally ill patients (protection of patients and medical practitioners). MAMC J Med Sci 2017; 3: 174-175
- 5 Sinha B.. Dying with dignity-a right (SC ruling). The Hindustan Times, Delhi Edition; March 10, 2018
- 6 Howarth G, Jefferys M. Euthanasia: sociological perspectives. Br Med Bull 1996; 52 (02) 376-385
- 7 Higgs R.. Living wills and treatment refusal. Br Med J (Clin Res Ed) 1987; 295 (6608) 1221-1222
- 8 Anonymous. Times of India, Delhi Edition; January 30, 2016
- 9 Do Not Resuscitate (DNR). Available at http://wikipedia.org/ wiki/ Do Not Resuscitate. Accessed May 2017
- 10 Southern Cross Bioethics Institute. Euthanasia and physician assisted suicide: a four monthly report prepared for the protection of unborn children. Available at www.supc.org.uk Accessed July 2014
- 11 Smets T, Bilsen J, Cohen J, Rurup ML, Mortier F, Deliens L. Reporting of euthanasia in medical practice in Flanders Belgium: cross sectional analysis of reported and unreported cases.. BMJ 2010; 341: c5174
- 12 Humphry D. Final Exit The Practicalities of Self-Deliverance and Assisted Suicide for the Dying. 3rd. ed New York: NY: Delta Trade Paperback; 2002
- 13 Minocha AA. The socio-cultural context of informed consent in medical practice. In: Baviskar BS, Patel T. eds Understanding Indian Society: Past and Present. Delhi: India: Orient Black Swan; 2010: 259-279
- 14 Seale C, Addington-Hall J.. Euthanasia: why people want to die earlier. Soc Sci Med 1994; 39 (05) 647-654
- 15 Seale C, Addington-Hall J.. Euthanasia: the role of good care. Soc Sci Med 1995; 40 (05) 581-587
- 16 Seale C, Addington-Hall J.. Dying at the best time. Soc Sci Med 1995; 40 (05) 589-595
- 17 Duttagupta C.. Dying with dignity. In: Chatterjee SC, Patnaik P, Chariar V. eds Discourses on Ageing and Dying. Delhi: India: Sage Publication; 2006
- 18 Norgrady B.. Little evidence of slippery slope with euthanasia or physician-assisted suicide. Clinical Neurology News JAMA 2016; 316: 79-90
- 19 Minocha AA, Mishra A, Minocha VR. Euthanasia: a social science perspective Economic and Political Weekly. 2011 46. (49)
- 20 Zitter JN. Should I help my patient to die?. New York Times. Available at: http://www.nytimes.com.2017/08/05/ opinion/sunday/dying-doctors-pallative-medicine.html. Accessed August 8, 2017
- 21 Mani RK, Simha N, Gursahani R. Let’s talk about death-euthanasia debate must focus on how we compassionately care for the dying. Available at: https://timesofindia.indiatimes. com/blogs/toi-editorials/lets-talk-about-death-euthanasia-debate-must-focus-on-how-we-compassionately-care-for-the-dying/. Accessed September 09, 2019
- 22 Minocha AA. 1996. Perceptions and interactions in a medical setting. New Delhi,India: Hindustan Publishing House;
- 23 Teri Schiavo case. Available at:. https://en.wikipedia.org/wiki/ Terri_Schiavo_case. Accessed May 2017
- 24 Dey SK. Education of physician on end of life care: Indian perspective. Indian Pediatr 2000; 37 (10) 1047-1050