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The right to die

Murali Krishnan, New DelhiJuly 23, 2014

India's Supreme Court has sought views of states and union territories on the legality of euthanasia. While some say mercy killing is a basic human right, others claim it is a moral issue which needs to be debated.

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Image: picture-alliance/dpa

For over 11 years, the acid attack survivor Sonali Mukherjee has wanted to die because neither she nor her impoverished parents can afford her treatment. Mukherjee, whose face was completely disfigured in an acid attack after she spurned the sexual advances of a group of teenagers, has already spent around 18,000 euros for 22 reconstructive surgeries on her face. Her vision is yet to be restored and her hearing is still impaired.

"If I can't have justice, and if my physical condition is so bad, I believe the only way out is death. I cannot live like this anymore," Mukherjee told DW.

There are thousands of terminally-ill patients across India who continue to live in a vegetative state for years with little chance of recovery. For their families, it is not only an emotional trauma but also a financial burden.

Earlier this month, the South Asian country's Supreme Court issued notices to all state governments seeking their views on the legal aspects related to euthanasia. The court said the issue needed to be examined comprehensively before it makes a final decision on it.

An illustration picture of an 'euthanasia kit' available in the 250 Belgian Multipharma's chemist shops for the general practitioners who want to practise euthanasias at the patients' homes, Brussels on Monday 18 April 2005 (Photo: EPA/ETIENNE ANSOTTE +++(c) dpa - Report+++)
'Euthanasia kits' are available in around 250 chemist shops in BelgiumImage: picture-alliance/dpa

The notices were sent out to the states following a petition by lawyer Prashant Bhushan, who argued the court that it was a fundamental human right to die with dignity.

"The patient should be allowed to by make a 'living will' to end his life without being put on a ventilator or any other life support system," Bhushan told DW.

Harsh realities

There have been several high-profile cases in India in which people wanted to end their lives, but the case of Aruna Shanbaug has been at the centre of India's euthanasia debate.

66-year-old Shanbaug, a former nurse at Mumbai's King Edward Memorial Hospital, has been living in a vegetative state for the past 41 years after she was sexually assaulted and tortured by a hospital sweeper in November 1973. Doctors say she is unable to speak, and that her brain is virtually dead.

In March 2011, Shanbaug's friend Pinki Virani went to the Supreme Court to seek euthanasia permission for her friend. It was rejected by the court.

There have been other cases too. In 2008, Jeet Narayan, a laborer in the northern Indian state of Uttar Pradesh, sought euthanasia for his four sons - all crippled and paralyzed below the neck. His plea was rejected by the former president.

"Every week, we get at least three to four requests from families to discontinue treatment of their relatives who have been in a comatose state for months. Most of the times, these families cannot afford the treatment," Sumit Ray, who works at a public hospital in New Delhi, told DW.

A moral issue

Euthanasia is a highly emotional issue in India, and the debate surrounding its legalization is both tedious and difficult.

An Indian pharmacist prepares a bill for medicines purchased by a customer at a Generic Drug Store at the Victoria Hospital in Bangalore on June 28, 2012 (Photo: Manjunath Kiran/AFP/GettyImages)
Euthanasia is forbidden in many religions practiced in IndiaImage: Manjunath Kiran/AFP/GettyImages

Currently, euthanasia with the consent of the patient, is legal in Belgium, Luxembourg, the Netherlands, Switzerland, and five American states.

"There should be a countrywide discussion on the topic involving medical professionals and civil society experts. Since people's emotions are deeply associated with the issue, we should take into account the moral issues as well," health minister, Harsh Vardhan, told DW.

With India's top court now asking the state governments to respond within two months on mercy killing, the debate is likely to conclude soon.