Sample these.
a. A person crippled with Alzheimer's or some 3rd state terminal cancer.. the whole body is crumbling white with months of chemotherapy.. tho not on a support system..but in a half vegetate state.. the only sounds that come out are groans.. But since only voluntary suicide is acceptable in his nation, there is no question of relieving him of his misery, till his body cant take it anymore... and relieves itself.. maybe in a couple of months.. or maybe in a year.. .
b. A well known scholar .. yet inmate of a mental asylum for 5 years knocks on the doors of justice.. "If I have the right to Live... why cant I have the right to die? " You confine me . to the strait jacket ... inject sedatives.. chain me against 4 walls day and night.. make me mad .. and still.. dont allow me to kill myself...
c. Venkatesh, a muscular dystrophy patient, expresses his wish to be removed off the life support for the last couple of months, so that he can donate his organs to the needy. His argument is that the organs would deteriorate if he were not allowed to commit euthanasia within a month. The High Court rules that under the Organ Transplantation Act only brain dead or natural death allows for donation of organs. The patient dies after some time and the organs now cant be donated.
Lets now see what standing .. the legal and social governance in nations worldwide profess...
a) In the UK there is a possibility of up to 14 years imprisonment for anybody assisting a "suicide". Oddly, suicide itself is not a crime. Only the US State of Oregon has legalized euthanasia. Direct killing by euthanasia is a crime in Germany.. Denmark has no law.. while France has banned euthanasia journals..
b) Japan has legalized euthanaisa since 1962... while an Australian state.. first upheld and then repealed the right of euthanasia..
The republic of India also doesnt give individuals the right to euthanasia..
My question to anybody is... do we really have the right to deny self willed death to people? Do we really care for the person if we prolong his/her pain for weeks and months .. just to see him breathing and reconcile ourselves? Just try staying in the same posture.. lying on the bed .. for a week ... you will feel the pain...just try imaging the pain caused by a single bed sore.. leave aside any other suffering for weeks.. .. So why cant people be given the right to alleviate themselves of suffering..
The crux of the debate is in being able to gauge for sure the difference between euthanasia and suicide.. Thinking out aloud... Assisted Death in which of the above 3 points.. can be termed Euthanasia or needs to be indentified as criminal offence (assisted suicide) according to Penal Codes Worldwide... ? the 2nd point (the case of the lunatic scholar maybe) can come under the abetted suicide clause.. Ohh !!for sure, huh??... .. .but do we really feel that its not correct to let the lunatic die? Are we sure?
Most of the reservations against practising euthanasia seem pretty solid .. Legal experts question.. a) How do you really define terminal? Most doctors are themselves not sure. .how much time the patient has... so how much is a good enough.. or rather a bad enough time in this case? a week? a month? 6 months? Cant say for sure..
b) Non Voluntary Euthanasia? The child asking for it? Ahhhaa..... I know why.... cos a lethal drug takes 1000 rupees while you can end up spending half a million in six months.. for your half dead mother.. who isnt worth a tuppence herself ...
c) Every one wanting to commit suicide will apply for euthanasia.. Its the perfect condition for people to exploit, what is forced suicide and mercy killing... killings can be doctored...
BUt The most important contention against these arguments I have is that.. in the first place.. is it really an issue to be resolved through the dictums of Penal Code and by its ostiaries worldwide? The main reason told to Venkatesh and his supportive mother in the ruling against his claim for self death was... "Sorry... we cant change the rules for a single person"...
So tell me Mr. Chief Justice.. .does everybody suffering any ailment.. get the same amount of pain.. as a death bed patient?And do you really know of acute shortage of kidneys donors in our country and the fact that kidney donation can only be done by living persons ? Or maybe can you help the medical profession generalize in a single paragraph...all the terminal causes that lead to death.. and therefore your judgment can hold good for any citizen...any patient and in any case... But If not, how can you generalize rules governing death .. for any person.. regardless of what state / condition he is in?
Yes, The main fallacy of Laws and Penal Guidelines... that render them unavailable for exercising proper jugdement in such issues is .. is that they are actually just 10 line paragraphs inside a black book... that are wanting to capture all the nuances of the profession of medicine.. or economy.. or society.. They give any wig toting individual sitting with his hammer and board.. the right to decide without any iota of forethought critical issues that the profession of medicine still finds itself wanting to present viable solutions for ... The 10 lines that Law makers doctrinate generalize the whole spectrum of medicinal research.,.. and it seems .. that we easily accept the blind lady of law.. on a higher pedestal.. than the torch bearers of the hippocratic oath.. in matters it definitely shouldnt have a preference for...
IT is the whole and sole responsibility of the Medical fraternity and intelligensia in any society.. They know. .whether they are capable enough in comforting the patient. they see lying on the bed.. and if he/she can get any better... thats only after days of medical analysis of the patient.. and not a court hearing...
Legal experts should be assisting the doctor .. if required at all.. for each of the individual cases.. and not the other way around.. and considering.. the jet pace of court summons and hearing dates.. it can be said for sure.. that many other Venkateshes will wait their futile wait for their appeal to be upheld.. and to leave this world with pride,, or without suffering...
Besides, I think from whatever I read about the matter. the medical fraternity's support for mercy killing is pretty overwhelming..
In the words of the most celebrated doctor of the 20th century.. and in case we remember our school text books... Dr. Christian Barnard, the first heart transplant surgeon :
"Doctors often make that mistake, they think their job is to prolong life but they've got it wrong there, It is to give a better quality of life. What society does not accept euthanasia, cannot believe god, a god of love and compassion would allow that.
I would not preach the practice of death, but death is many-a-times the better treatment.. ".
Its time Indian society legalizes euthanasia like many of the western and far- eastern societies wordwide.. Here is what i think of the contentions against mercy killing.
We can create a Legio-Medical organisation.. ANy appeal for euthanasia can be first studied medically .. by a panel of doctor(s).. Legal experts can measure.. whether its really a cost saving matter.. a suicidal case.. or its really a no hope situation... I think even some suicide candidates.. will themselves come up with their problems.. and be counselled... if this kind of a body comes up.. and it definitely can be a Government funded one with a amount to be tendered by the applicant.... then...if its a genuine case... even if its a non voluntary appeal... i.e. by the patients peers /relatives/well wishers.. then allow the person the right of euthanasia.
Our society and its rules. .are based on eons old pillars of tolerance and fair justice.. evolved and tested over centuries.. and far mature in many aspects than other modern societies... We proudly uphold thousands of social and medical treatises. But at the same time, in pace with the modern times.. and in pace with humanity.. we need to respect the individual and his desicion.. allow this choice that he can take for himself, maybe help him get either way... either convince him that there are better days in his life.. or help him relieve his agony ... alleviate the suffering.. once and for all...
The right to live surely needs a new addendum... the freedom against suffering.. when you can hope for something even after exhausting all your hopes... the freedom of releasing yourself...
The freedom to die...
I support making euthanasia legal in India.
Monday, December 20, 2004
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4 comments:
Sam here:
I 100% agree with your solution - A Legio-Medical organisation really sounds like a practical and realizable idea..
Kudos for writing a pondering piece on a thought-provoking topic - vintage Archie !! :)
hi Archan Hem here..your post made me cry as I rlived memories that happened to us about 13 years ago..My dada was suffering from Non Hodgkins Lymphoma and he always maintained it was better to die than live like a vegetable. He was just 24 then with his career as an angineer just taking its first flight. He had so many dreams and aspirations which were shattered. he is no more and we are left behind to suffer. He wanted to die as he could not take the pain anymore...God was kind to him and he passed away within a year of contracting the disease. But if anyone else in my family i.e. ma or baba or myself ever contratc any sort of terminal disease we have decided not to go for any kind of treatment and get over with it as quickly as possible. We have seen the suffering. My dada was a very strong fellow, I have seen him breaking down and crying on his kid sisters shoulder..something he would never ever dream of in normal times. I fully support you views, Archan.
Mehak here, Hem's comment brought tears in my eyes.....I appreciate your views and vote for the same.
hi archan,don't know what to say...still i would like the patient to fight...my dad has multiple myleoma and i want him to fight till the end...red@http://bane3.rediffblogs.com
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