A public Interest Litigation filed in Supreme Court at Delhi by Common Cause, an NGO has been responded to by the apex court. The NGO’s demand is that those who have no hope of being cured of their ailments but suffering a lot have to be allowed to have Euthanasia or mercy killing.
In the absence of such statutory provision, a lot of miserable weaklings undergo tortuousness. To relieve them of such avoidable physical suffering, Euthanasia is necessary, the NGO has pleaded.
This claim came before a Constitutional Bench, headed by the Supreme Court Chief Justice. R.M. Lodha. Mr. Shanti Bhusan who represented the plaintiff has pleaded that the court should make provisions to the miserably ailing patients to prepare a will to that effect and a power – of – attorney to execute the will.
The government pleader has countered it by saying that the desire of a person to subject himself to Euthanasia is almost equal to a suicide. This problem involves the public welfare and hence this matter deserves to be dealt with, by the Parliament and not a court, the pleader argued.
After hearing the argument of both the lawyers, the Supreme Court has referred the matter to the Union Territories and the State governments that they should transmit their reaction with reply in about eight weeks.
Euthanasia is not statutorily permitted in India because of a genuine fear that such a legal provision may be misused. If it is so, the government should think in terms of rectifying the methodology of implementation but not to prevent the otherwise, a benevolent action.
Many European countries such as Norway, Sweden have been implementing this medico – legal regulation. It may be recalled that Thomas More an early Elizabethan thinker in his remarkable treatise ‘Utopia’ has recommended euthanasia as a measure of social necessity for those who suffer out of incurable physical ailments.