The passing away of Aruna Shanbaug the other day in Mumbai after being in a vegetative state for 42 years has rekindled the debate on euthanasia, known as mercy killing in common parlance.
In Kerala, specifically, it has brought the focus on the report of the Kerala Law Reforms Commission, which had recommended legislation favouring euthanasia for terminally ill patients. Though submitted by the commission headed by jurist V.R. Krishna Iyer five years ago, towards the end of the last government’s tenure, the report had been comatose ever since, with no one taking a serious look at the recommendations.
“To be frank, I had registered my dissent against euthanasia during the discussions. My stance remains the same, but given the moral, legal and ethical implications of it, one cannot conclusively say if it is right or wrong. At least now we should have a productive discussion on this. How do we justify the fact that we allowed a fellow human being to lay in lifeless degenerative state for over four decades,” asked Sebastian Paul, former Parliamentarian who was a member of the Law Reforms Commission.
Legislative dearth
Kaleeswaram Raj, legal expert, said there was a legislative dearth in the country on matters requiring medical and scientific guidance. “It demands national legislation to make euthanasia contextually applicable – with a fine demarcation between instances where it is permissible and those where it is not. While discussions have taken place on the issue nationally, it has not been escalated to the level of decision-making. Aruna’s is an illustrative case for permission of this, with ample, scientifically backed safeguards against misuse and abuse,” he said.
Fatal orthodoxy
Mr. Raj said a ‘fatal orthodoxy’ was at work against legislations allowing organ transplant, euthanasia and the like — issues where serious scientific study was needed. Maybe the judiciary could play a bit of a role here through evocative judicial legislation a la issues such as third gender rights and women’s rights at workplace, he added. P.B. Sahasranamam, also a member of the Law Reforms Commission, said the State had been more cruel to Aruna than the rapist who had assaulted her. “The legislature in India was apathetic to a human being and denied her the basic right to die peacefully,” he lamented.
Panel recommends law favouring euthanasia for terminally ill patients
