Question

In Essay format (2-3 pages) Discuss relevant case laws that address Assisted suicide in healthcare.

Answer 1

Assisted suicide andand euthana are most important medical issue in the health care system.It is so complicated issue that requires critical thinking in all aspects for decision making.

Both physician assisted suicide (PAS)and euthanasia are illegal in all over the world, except some countries like Switzerland and Netherlands.Legal status of PAS and euthanasia in India lies in Indian penal code,it deals with active and passive euthanasia and PAS.According to penal code 1860 active euthanasia is an offence under section 302(punishment for murder)or at least under section 304 (punishment for culpable homicide not amounting to murder)

The difference between euthanasia and physician assisted suicide is that euthanasia is done by doctor or a third person where as. PAS is done by patient himself.

The legal position of PAS in India would be abetment of suicide falling under section 306.

So anybody willing to consider euthanasia or PAS needs to go through Courts of law in India and should seek a clear judgement on this allowing to go go ahead.

The deliberation on the issue of attempted suicide in .India and the IPC section 309 recognize it to be a punishable act.It defines"whoever attempts to commit suicide and does any activities towards the commission of such offence,shall be punished with simple imprisonment for a term which may extend to 1 year or with fine or with both.

There are so many changes in these laws according to individual circumstances.The advanced directive of the patient as well as his/ her clinical prognosis will be taken care in decision making process .

There are so many studies that assess the opinion regarding legalization of euthanasia,but the the approach of different communities to this subject is different.In a multi religious and multi cultural society it is essential to understand the effects of culture and religion in decision making process.The is a great chance for misuse of such laws,hence the system should be strong enough to ensure proper judgement and practice in these cases.