EUTHANASIA: A STUDY INTO THE ETHICAL AND LEGAL DIMENSIONS
Journal: International Journal of Advanced Research (Vol.8, No. 9)Publication Date: 2020-09-15
Authors : Armaan Gandhi;
Page : 155-164
Keywords : International Journal of Advanced Research (IJAR);
Abstract
Euthanasia, or physician-assisted suicide, raises several questions regarding legality and ethics. On one hand, patients should have the right to control their demise- (the right to die with dignity is an intrinsic facet of the right to life under Article 21), whereas terminal illness which brings not only an enormous amount of pain but also emotional suffering and psychological agony, questions the worth of such a life- shouldn't patients have the option to avoid this trauma? Consequently, is individual will to die more significant than the state's restrictions on the same? On the other hand, practices such as active euthanasia raise legal concerns as a policy, since legalizing euthanasia gives surrogate decision-makers the ability to decide in case of incompetent patients based on nebulous tests, while power structures threaten the patients too. As a result of promoting euthanasia in a society as complex and diverse as India's, will patients from vulnerable communities such as women, Dalits, girl children be subjected to discriminatory' or forced' euthanasia? Does the Slippery Slope Argument' (which predicts the same that legalizing euthanasia will lead on to more number of nonvoluntary cases of euthanasia) hold?. Previous studies on euthanasia have evaluated the effects of it as a public policy, as well as, its necessity as an individual right. Further, studies have also been conducted on active and passive euthanasia, the philosophy behind euthanasia, and the problems raised by this practice. Through my study, I aim to contribute to these areas of research by focusing on the need for euthanasia, its various types, its effects on the individual in question, as well as, society as a whole. With the fulfillment of this research, I would like to answer some of the questions I have raised, and reach conclusions regarding the morality of euthanasia, and whether it should or should not be legalized. The goal of this research project is to evaluate euthanasia as a legal, ethical, and personal practice, taking into consideration the history of such cases, the legal status of the concept in various countries, and a comparative analysis of the same with India. Moreover, through this research, I hope to address legal, as well as, ethical and moral issues, raised by euthanasia, analyze them, and, combine them into one line of thought. In this regard, the innovative use of a unique questionnaire designed for various categories of stakeholders, as well as, completed a literature review of the research that has taken place so far have enabled this research. As a result, the results have been analyzed and comprehended in an interesting yet simple language for the study to reach maximum readers. Moreover, the research is an attempt to break down multiple facets of euthanasia, and question the ethicality of euthanasia, the certain harms it poses to society as a public policy and regulation that would be required to legalize active euthanasia. Furthermore, should alternatives such as hospice care and palliative care should be considered before opting for euthanasia? Thus I will first analyze the ethicality or ethical portion regarding euthanasia, followed by its possible impacts, benefits, and fallouts in society, supported by appropriate logical reasoning. This will help understand the two dimensions of both passive as well as active forms of euthanasia. I will proceed to compare and contrast euthanasia with other alternatives, such as palliative care and conclude with the help of my understanding and views on the matter.
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Last modified: 2020-10-24 21:44:30