Kerala   

Legalise euthanasia, says panel

KOCHI: In a path-breaking attempt, Kerala’s Law Reforms Commission, headed by former Supreme Court judge V.R. Krishna Iyer, has recommended legalising euthanasia (mercy killing) and decriminalising suicide attempt.

“Life is sacred, but intense pain with no relief in sight is a torture which negatives the meaning of existence,” the commission, defending euthanasia, said.

“The Bill drafted for a new legislation is one permitting the terminally ill persons to put an end to their life under the supervision and advice of his close relatives and medical practitioners.”

The 11-member commission, set up by the Left Democratic Front government to rectify flaws in the existing laws and repeal obsolete Acts, has drafted a Bill called ‘The Kerala Terminally Ill Patients (Medical Treatment and Protection of Practitioners and Patients) Bill.’ The proposed Bill provides for “the protection of patients and medical practitioners from liability in the context of withholding or withdrawing medical treatment, including life support systems, from patients who are terminally ill.”

The proposed law allows a ‘competent patient’ the right to refuse treatment. “Every patient has a right to take an informed decision for withholding or withdrawing of medical treatment to himself or herself and, when communicated to a medical practitioner, will be binding on him.”

In the case of a competent patient who has not taken informed opinion and in the case of an incompetent patient (for example: a minor, a mentally unsound person or one who cannot comprehend his situation), the medical practitioner can withhold or withdraw treatment with certain conditions. He has to make sure that “such action will be in the best interests of the patient after consulting with the parents or relatives of the patients.” The medical practitioner should also obtain expert medical opinion in writing.

The commission has sought an amendment to the Indian Penal Code for the ‘recognition of the act of euthanasia.’ The proposed provision says: “No person shall be guilty of murder or other form of homicide or attempt to commit such offence if the life of the person is extinguished by way of euthanasia.”

Referring to the dilemma whether euthanasia is morally and legally justifiable, the commission says it “has no dogmatic view on the matter.” It also points out that some advanced countries have legally adopted the principle of euthanasia.

The commission has recommended amendments to the Indian Penal Code in order to repeal Section 309 (The section says: “Whoever attempts to commit suicide and does any act towards the commission of such offence, shall be punished with simple imprisonment for a term which may extend to one year (or with fine or with both).”

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