'Euthanasia is a concept accepted in Jainism & Buddhism'

NEW DELHI: The Supreme Court found that while Hinduism, Islam and Christianity were against euthanasia, the concept was accepted in Jainism and Buddhism.
Tracing a regulation under a law which sanctioned passive euthanasia in India, albeit indirectly, Justice Ashok Bhushan said the only statutory provision which referred to euthanasia was the ‘Indian Medical Council (Professional Conduct, Etiquette & Ethics) Regulations, 2002’ framed under the Indian Medical Council Act, 1956.

Justice Bhushan said the 2002 regulations prohibited a medical practitioner from practising active euthanasia but carved out an exception “that on specific occasion, the question of withdrawing support devices to sustain cardiopulmonary function even after brain death, shall be decided by a team of doctors and not merely by the treating physician alone”.

“The regulations further provide that team of doctors shall declare withdrawal of support system,” he added.

Justice Bhushan unearthed euthanasia’s link with religion and drew a contrast between the 2,500-year-old Hippocratic Oath of medical practitioners “not to give a lethal drug to anyone nor to advise such a plan” and almost contemporaneous view of Greek philosopher Plato, who did not support medical treatment to those thoroughly diseased.

Justice Bhushan quoted Plato’s famous work ‘The Republic’, in which he wrote, “But if a man had a sickly constitution and intemperate habits, his life was worth nothing to himself or to anyone else; medicine was not meant for such people and they should not be treated, though they might be richer than Midas.”

The judge added, “In ancient Indian religion, sanctity was attached to a yogi who could discard his/her mortal coil (body) through the process of higher spiritual practices called yoga. Such state was known as ‘samadhi’.

“The Hindu scriptures also say that life and death is the gift of god and no human being has the right to take away the said gift. Suicide is disapproved in Hindu way of life and it is believed that those who commit suicide do not attain moksha or salvation from the cycle of life and death.

“Muslims also strongly condemn suicide as they believe life and death of a person depends on Allah’s will and human beings are prohibited in going against his will... Christianity also disapproves taking of one’s life. Bible says human being is a temple of god and the spirit of god dwelleth in the body and no man can defile the temple...”

However, Justice Bhushan said, “Tenets of Jainism talk about the practice of religiously nominated self-build death called ‘Sallkhana’, meaning ‘fast unto death’. Buddhist scriptures state that Lord Buddha had allowed self-build death for the extremely ill person as an act of compassion.”