Euthanasia: Is it Legal?

Mercy killing, also called as euthanasia is an act of putting a person to painless death especially in case of incurable suffering or when life becomes purposeless as a result of mental or physical handicap. Euthanasia is a controversial subject, not only because there are many moral dilemmas associated with it, but also in what constitutes its definition. The legal system around the globe generally prohibits euthanasia mainly for upholding the sanity of life and also due to the fear of misuse of provisions.

There are generally five types of euthanasia i.e. active, passive, voluntary, non-voluntary and involuntary. Purposely giving someone a lethal dose of sedative is considered as active euthanasia (e.g injecting lethal substance into a body of patient suffering cancer to speed his death) whereas passive euthanasia implies discontinuing or not using extra ordinary life sustaining measures to prolong life (e.g removing serious patient from ventilator). 

Types of Euthanasia : 

It can be both voluntary and involuntary. 

1. Voluntary euthanasia is when the patient consents himself while involuntary euthanasia occurs when the euthanasia is practiced against the will of the person. 
2. Non-voluntary euthanasia occurs when it is practiced without the scope to make the desire of the subject available. 

For example; if the person is in comma or is not in position to consent.

Arguments can be raised both on the favor and against euthanasia.

Practice of Euthanasia in different countries

 Many countries in the world have made it legal. 

Netherlands became the first testing ground for the world since it has legalized euthanasia on 28th November 2000. Country like Netherlands have even legalized active type of mercy killings.

Australia have legalized voluntary euthanasia and a computerized injection system is in use to accomplice euthanasia.  

USA have legalized passive euthanasia. 

Belgium and other countries have also identified and legalized various forms of mercy killings. 

South Korea have recognized the right to die with dignity through the decision in the case of brain-dead women. 

Most of the countries have endorsed passive euthanasia, both in voluntary and involuntary. India have also legalized passive euthanasia in 2018 from the case of Common cause v. Union of India and Anr (WP (C) 215/2005) where, a person having terminal illness can deny medical assistance and patients must consent through a living will, and must be either terminally ill or in a vegetative state. 

Practice in Nepal 

In Nepal, our law has not permitted mercy killings. 

Our country has guaranteed the right to life and right to live with dignity but not the right to die with dignity. Section 185 of the Muluki Criminal code, 2074 has prohibited the mercy killing. It had prohibited anyone instigating or encouraging someone to commit suicide or creating environment such with the punishment of full 5 years imprisonment and 50,000/- as fine. Also, Chapter 19 of Muliki Criminal Code of Nepal, 2074 B.S. says that if the patients die in the hospital without the natural death or we can say if the death is artificial than, the doctors will be liable in that situation.