When killing becomes an act of mercy

A poor couple from the Chitoor district of Andhra Pradesh recently approached the Tamballapalle Court asking for permission to kill their eight month old daughter. The infant, is suffering from congenital liver disease, and needs a liver transplant immediately, and, since the family does not have money for further treatment, according to the couple, only option remaining was mercy killing. The court rejected the plea and the Andhra Pradesh government has stepped in to bear all the medical expenses of the baby girl, Gnana Sai.

The case for mercy killing
Mercy killing is a highly contentious topic the world over, and has seen much debate from both sides. While those supporting the bid for legalising mercy killing, or euthanasia, state that when a person has the right to live, terminally ill patients, who are in excruciating pain, or in a vegetative state, should be given the right to die as well, those opposing it argue that the concept of terminally ill is ambiguous - while some terminally ill patients may live for months, or even years, others may die in weeks. Also, if by any chance an incorrect prognosis has been given, euthanasia would lead to a person’s life being taken without any reason. Doctors may also be forced to perform mercy killing at the insistence of relatives who may be unwilling to look after the patient, or in cases of organ transplant, without giving the patient a fair chance to live.

In India, mercy killing brings to mind one of the most high profile and tragic cases, and one which lay the groundwork for guidelines for legalising passive euthanasia in the country – that of Aruna Shanbaug. Before the former nurse of Mumbai’s King Edward Memorial Hospitali, died of pneumonia in May 2015, she was the face of the debate on euthanasia in India. After being brutally raped and strangulated by a hospital sweeper, Shanbaug had been in a vegetable state since 27 November, 1973, and was being looked after at the KEM Hospital.

Social activist, and Shanbaug’s friend, Pinki Virani, had filed a petition in the Supreme Court asking for mercy killing on Shanbaug’s behalf, under Article 32 of the Constitution of India, arguing that “continued existence of Aruna is in violation of her right to live in dignity”. However, the Supreme Court rejected the case stating that it was for the KEM Hospital staff, who had been taking care of her for so many years, to take that decision and that the staff had expressed their wish that Aruna Shanbaug should be allowed to live. Though the Court did not rule in favour of Virani’s plea, the case set the grounds for laying down the guidelines for passive euthanasia. Passive euthanasia is the withdrawal of life support system for those in a vegetative state, who have no chances of recovery, as opposed to active euthanasia, which means administering a lethal drug to end the patient’s life.

In another case, in September last year, a group of four educated members of the transgender community petitioned to the Tamil Nadu Government seeking permission for mercy killing, on the grounds they wanted to die in dignity rather than being subjected to the discrimination that they have to face daily because of their gender. According to them, both the central and the state governments had not paid heed to their repeated requests for reservations in education and employment, and so, they preferred to die at their own wish, rather than lead a life where they may be forced to start begging, or enter into prostitution, to survive. While the request for mercy killing was a step in the extreme direction, it goes to show the disturbing extent to which the community faces discrimination on an everyday basis.

Countries where euthanasia is legal
While euthanasia is illegal in most countries, there are a few countries which have legalised it.

Netherlands: In April 2002, the Netherlands passed the ‘Termination of Life on Request and Assisted Suicide (review Procedures) Act,’ making it the first country to legalise euthanasia. According to the Act, euthanasia and physician assisted suicide will not be deemed illegal if it is done in very specific cases, under very specific circumstances – the patient must be suffering unbearable pain, their illness should be terminal, and e/she must be fully conscious of their decision to end their life. Netherlands has also set the Groningen Protocol, a text containing directives with criteria under which physicians can perform ‘active ending of life on infants’ without being legally prosecuted. The highly controversial decision has been deemed by anti-euthanasia crusaders as a step towards legalising infanticide.

Belgium: The second country in the world to legalise euthanasia, Belgium passed the law on euthanasia in 2002. The law states that doctors can proceed with it if the patient is going through excruciating pain and expresses their wish to die, or if they have mentioned so before entering into a coma or a vegetative state. In February, 2014, Belgium also legalised euthanasia for children, under the conditions that they must be conscious of their decision, terminally ill without any hope of medical recovery, and close to death.

Colombia: While the Catholic Church in Colombia has been against euthanasia, calling it morally unacceptable, a 79 year old Colombian man suffering from terminal throat cancer became the first person die legally by euthanasia. Though assisted suicide had been approved in the 1997 by the Constitutional Court, it was only in March 2015 that proper guidelines for hospitals administering euthanasia was issued.

Luxembourg: The Duchy of Luxembourg adopted a legislation on euthanasia and assisted suicide in March 2009, making it the third European country to legalise it. Patients who are terminally ill can opt for euthanasia after receiving the approval of two doctors and a panel of experts.

Switzerland: The country allows assisted suicide where patients can administer a lethal dose of medication on themselves, and doctors can prescribe such medicines. However, it does not allow active euthanasia by a third party.

United States: While active euthanasia is illegal throughout the country, assisted suicide has been legalised in Oregon, Vermont, California, Washington, a county in New Mexico and Montana, wherein doctors are allowed to prescribe lethal drugs.