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New Social Compact

Euthanasia, Living Will and The Analysis In India

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Euthanasia, i.e. mercy killing, refers to the act of painlessly putting to death a person who is either very old or very ill to prevent further pain and suffering. It is basically a practice that is done on people suffering from incurable diseases or incapacitating physical disorder wherein they are allowed to die by the withdrawal of artificial life support system or withholding of medical treatment. On 9th March 2018, the Supreme Court of India, in a historical decision, legalised passive euthanasia and the right of terminally ill persons to give advance directives for refusal of medical treatment. Therefore, the concept of ‘living will’ was recognised which essentially refers to the document that the person writes in a normal state of mind seeking passive euthanasia when he reaches an irreversible vegetative state or when he gets terminally ill. For a comprehensive understanding of this whole topic, we have demarcated between different types of ‘mercy killing’ in the next section. Also, we will discuss the concerned judgement in detail not forgetting to mention the backdrop that led to the much-anticipated move. Additionally, we will try to summarise the arguments of both the supporters as well as the dissenters of the move before finally moving to the conclusion.

Active Euthanasia, Passive Euthanasia, Indirect Euthanasia and Assisted Suicide

Active Euthanasia refers to the deliberate act of ending the life of a terminally ill or incurable patient through the administration of a legal drug or injection by the physician. Passive Euthanasia is the withdrawal or withholding of artificial life support system when the patient requests to do so or when prolonging of his life is termed futile. Indirect Euthanasia means the provision of treatment with an aim to reduce pain and suffering, but which eventually speeds up the process of death. And, assisted suicide (also called physician-assisted suicide) refers to the situation when the doctor intentionally and knowingly provides the patient with the knowledge and/or means to commit suicide. The laws regarding euthanasia differ throughout the world. In countries like Belgium and the Netherlands, euthanasia has been legal since 2002. The practice of ‘Assisted Suicide’ is legal in European countries of Switzerland and Germany. In England, both euthanasia, as well as assisted suicide, are illegal. In most of the U.S., euthanasia is illegal but physician-assisted suicide has been legalised in ten of its states. In India, passive euthanasia was legalised two years back. The next section discusses the same in detail.

Euthanasia in India: The Aruna Shanbaug Case and the Common Cause Judgement

The case of Aruna Shanbaug has been quite instrumental in changing the euthanasia laws in India. Ms. Aruna Ramchandra Shanbaug was an Indian nurse who in 1973, was sexually assaulted by a ward boy in the hospital as a result of which she went into a vegetative state. In 2010, a plea was filed by activist Ms. Pinki Virani before the Supreme Court seeking euthanasia for Ms. Aruna Shanbaug. The Court took up the plea and finally, on March 7, 2011, delivered the historical judgement. Ms. Virani’s plea got rejected but at the same time, broad guidelines were issued legalising passive euthanasia in India. It was held that the decision to withdraw life support must be taken by parents, spouse or other close relatives in the absence of all of whom, the ‘next’ friend would be entrusted with the responsibility. In this particular case, the hospital staff that had been taking care of Ms. Aruna for years was called the ‘next friend’ and not Ms. Virani. In 2015, Ms. Aruna Shanbaug, after 42 years of constant suffering died of pneumonia at the age of 66 but not before playing a vital role in influencing upcoming euthanasia-related laws in India.

In a separate move, ‘Common Cause’, an NGO working for people’s rights, approached the Supreme Court under Art. 32[1] of the Constitution in the year 2005, wherein they prayed for the declaration that ‘Right to Die with Dignity’ be made a fundamental right under Art. 21 [2] i.e. Right to Life. Additionally, they requested the court to give directions to the government with regards to the execution of living wills in case a person gets terminally ill. The argument was that subjecting terminally ill people or the people suffering from chronic diseases to cruel treatments denied them the right to live with dignity. On February 25, 2014, a 3-judge bench of the Supreme Court led by the then CJI P. Sathasivam started final hearing in the case wherein it came out that the previous judgements given in the case of Aruna Shanbaug v. Union of India (2011)[3], as well as the case of Gian Kaur v. State of Punjab (1996)[4], were inconsistent. The matter was then referred to a 5 Judge Constitutional Bench. And finally, on March 9, 2018, in a historical decision, CJI Deepak Mishra led bench recognised the concept of ‘living will’ that was to be drawn by terminally ill patients for passive euthanasia and also laid down comprehensive guidelines for the same. Hence, the ‘Right to Die with Dignity’ was held to be a fundamental right.[5]

Euthanasia- a good or a bad thing?

The proponents of Euthanasia argue that allowing an incurable patient to die will alleviate the constant pain and suffering that one has to go through when in the vegetative state. The other point which they talk about is that ‘right to die with dignity’ is a matter of personal choice and no-one else should be allowed to interfere in the patient’s decision. It has also been said time and again that timely executed euthanasia could also relieve the financial burden on the family of the patient which in case of absence of the law, could exert a lot of financial burden on poor households.

Moreover, coming to the major points that the opponents say, the fact that the law on euthanasia could be misused is always talked about. It is argued that children of old and ill parents would certainly want to neglect their parents when they are needed the most. This does not fit with the kind of social and cultural environment that we have in India, where parents are supposed to be provided with care when they get too old. Also, the opponents lay emphasis on the sanctity of life and reckon that accepting euthanasia would lead to a reduction in society’s respect for life.

Benefits of recognising Living Will

Recognition of Living will indeed have some good impact. The concept essentially requiresa person to write the will as an advance directive when he is capable of making a sensible decision. And, thus, this rules out the possibility of the situation when the patient, being too ill, is not able to make an informed and competitive decision especially so in the case of Mentally Challenged patients and the patients who are incoma. Also, the living will, to much extent, would relieve the moral burden from the family member who actually takes steps for euthanasia, for ultimately, he would be fulfilling the informed wish of the patient only. Passive Euthanasia could sometimes, in exceptional circumstances, lead to the allegations of murder so the existence of a living will have a role to play in preventing such situations. In and all, the legalisation of ‘living will’goes a long way in effective implementation of the laws of euthanasia in India.

Concluding Remarks

In the course of this article, we tried to explain with clarity the concepts of euthanasia as well as ‘living will’. We listed out the arguments of both the proponents as well as the opponents of euthanasia and also mentioned how the ‘living will’ is going to have a positive impact. Giving due importance to the judgement of the Supreme Court in the Common Cause Case, the long-anticipated Fundamental Right to Die with Dignity has finally been accepted. The legalisation of Passive Euthanasia, along with the recognition of ‘living will’ would make a lot of difference in how the severely ill patients meet their death. Having a dignified death is equally important as having a dignified life, so in that respect, the laws on euthanasia would come out to be of vital importance. As far as the living will is concerned, it is definitely going to simplify the entire process of euthanasia. In the end, we could just hope that the laws are able to achieve the desired objectives.


[1]The Constitution of India, 1950, Art. 32.

[2]The Constitution of India, 1950, Art. 21.

[3] Aruna Ramachandra Shanbaug v. Union of India, (2011) 4 SCC 454.

[4]Gian Kaur v. State of Punjab, (1996) 2 SCC 648.

[5] Common Cause (A Regd. Society) v Union of India and Anr, 2018 5 SCC 1.

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New Social Compact

Women Rights in China and Challenges

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Women rights and gender discrimination have been a problem for many years in china. Various restrictions were imposed on women to suppress them in society. Income discrepancy and traditional gender roles in country aim to place women inferior as compared with their male counterparts.

There are diverse sectors where women face discrimination. Women of the past and present in china have dealt with unfair employment practices. They have had to jump over the unnecessary hurdles just to keep up with their male counterparts in the society. The Chinese government claims to better prioritize the promotion of gender equality but in reality it does not seem appropriate to say that there is not a single department of life where women are not being suppressed. In jobs, mostly men are preferred over women at high positions. There are a number of contextual examples which demonstrates this discrepancy in the status of women throughout china, and whilst there has been a great deal of the popular sphere, others have been brutally repressed by a government dominated by male families. For example, women who have children do not always receive support from their pay when maternity leave.

China’s history has seen a higher focus on men being the core of not just their families but also they play crucial role in in overall country’s growth and development. Post Confucius era, society labeled men as the yang and women as the yin. In this same vein, society views Yang as active, smart and the dominant half. This compared with Yin, which is soft, passive and submissive. These ideologies are not as prominent today but persist enough that there is a problem.

The tradition begins at birth with boys being the preferred children compared to girls in China. A consensus opinion in the country is that if one has a male child versus a female child, they believe the son will grow into a more successful member of the family. The sons are more likely favored because the issue of pregnancy is a non-factor and they can choose almost any job they desire. Of course, this is something that does not support efforts for gender equality nor women’s rights in China.

A survey done just last year found that 80% of generation Z mothers did not have jobs outside of the home. Importantly, most of those surveyed were from poorer cities. The same survey found that 45% of these stay-at-home mothers had no intention of going back to work. They simply accepted their role of caring for the house. Gender equality and women’s rights in China have shifted toward cutting into the history of patriarchal dominance within the country.

Women’s Rights Movement in China

Since the Chinese government is not completely behind gender equality in China for women, the feminist movement is still active and stronger than ever. In 2015, the day before International Women’s Day, five feminist activists were arrested and jailed for 37 days. They were just five of an even larger movement of activists fighting against the traditional gender role ideology that has placed females below males. These movements have begun to make great progress towards gender inequality within the country. From 2011 to 2015, a “12th Five Year Plan” had goals of reducing gender inequality in education and healthcare.

The plan also was to increase the senior and management positions and make them accessible for women to apply for said positions. Xi Jinping, the current President of the People’s Republic of China, has proclaimed that the country will donate $10 million to the United Nations Entity for Gender Equality and the Empowerment of Women. During the next five years and beyond, this support will help the women of China and other countries build 100 health projects for women and children. March 1, 2016, the Anti-domestic Violence Law of the People’s Republic of China took effect. This law resulted in the improvement in legislation for gender equality in China. In June of that year, ¥279.453 billion was put forth toward loans to help women, overall.

‘’There are a number of contextual examples which demonstrate this discrepancy in the status of women throughout China, and whilst there has been a great deal of progress made in some elements of the popular sphere, others have been brutally repressed by a government dominated by male influence.

Mao Zedong’s famously published collection of speeches entitled ‘the little red book’ offers a glimpse into the People’s Republic’s public policy in relation to women, as Mao himself is quoted as saying ‘Women hold up half the sky’ and more overtly.’’

In order to build a great socialist society, it is of the utmost importance to arouse the broad masses of women to join in productive activity. Men and women must receive equal pay for equal work in production. Genuine equality between the sexes can only be realized in the process of the socialist transformation of society as a whole.

The china has been widening the gender discrimination gap in the society through legalized way and there is desperate need to raise the voices in gender equality.

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New Social Compact

Gender Pay Gaps during Pandemic: A Reflection on International Workers’ Day 2021

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Men, rather than women, have been disproportionately affected by job losses over time. Nonetheless, the harsh reality of this pandemic recession has shown that women are more likely to be unemployed. As a matter of fact, women have lost substantial jobs as a result of increased childcare needs caused by school and daycare closures, which prohibit many women from working, and as a result of their employment being concentrated in heavily affected sectors such as the services sector (hospitality business, restaurant, retail outlets and so on). According to a study by Alon et al, women’s unemployment increased by 12.8 percent during the first period of Covid-19 (from March 2020), while men’s unemployment increased by just 9.9 percent. Changes in job rates (which include transfers into and out of the labor force) follow the same trend, with women experiencing a much greater drop in employment than men during the recession. Similar trends have been seen in other pandemic-affected countries.

In Southeast Asia, where informal workers account for 78 percent of the workforce, women make up the majority of blue-collar employees. In Indonesia, the Philippines, Cambodia, Laos, and Myanmar, women make up a substantial portion of the domestic workers, despite having a low contractual working status in informal settings. They are underpaid as a result of the pandemic, and the Covid-19 recession has reduced their importance in the workplace. Indonesia as one of the countries which affected by pandemic also experienced similar thing, with two-thirds of the female population in the active age group (between 15 and 64 years old), Indonesia is supposed to have tremendous potential for accelerating its economic development, but the truth is the opposite due to the never-ending pandemic. Since the pandemic began, many employees, mostly women, have lost their jobs or had their working hours shortened. Of course, their daily wages are affected by this situation. Besides, the wage gap between men and women also widens from March 2020 to March 2021, with women in the informal sector receiving up to 50% less than men, clearly resulting in discriminatory practices.Despite the fact that Indonesia ratified the International Labor Organization’s (ILO) Convention No. 100 on Equal Remuneration in 1958, fair and equal salaries have remained unchanged until now, and the legislation seems to have been overlooked and inapplicable in a pandemic situation.

Furthermore, the issue is not resolved at that stage. Apart from the pandemic, both formal and informal workers are exposed to various work systems and regulations. Women may have similar experiences with low wages and unequal payment positions in both environments, but women who work in the formal sector have the capacity, experience, and communication skills to negotiate their salaries with their employers, while women who work in the informal sector do not. Women in informal work face a number of challenges, including a lack of negotiation skills and a voice in fighting for their rights, particularly if they lack support structures (labor unions). Furthermore, when it comes to employees’ salaries, the corporate system is notoriously secretive. Another issue that continues to upset women is the lack of transparency in employee wages. Despite the fact that the national minimum wage policy is regulated by the government, only a small number of female workers are aware of it.

Overcoming Gender Pay Gaps within Pandemic Condition

In the spirit of International Workers’ Day 2021, there should be an organized and systematic solution to (at the very least) close the wage gap between men and women in this pandemic situation. International organizations and agencies also attempted to convince national governments to abolish gender roles and prejudices, however this is insufficient. As a decision-maker, the government must ‘knock on the door’ of companies and businesses to support and appreciate work done disproportionately by women. Furthermore, implementing transparent and equitable wage schemes is an important aspect of significantly changing this phenomenon. Real action must come not only from the structural level (government and corporations), but also from society, which must acknowledge the existence of women’s workers and not undervalue what they have accomplished, because in this Covid-19 condition, women must bear the “triple burden” of action, whether in productive work (as a worker or labor), reproductive work (as a wife and mother), and also as a member of society. Last but not least, women must actively engage in labor unions in order to persuade gender equality in the workplace and have the courage to speak out for their rights, as this is the key to securing fair wages. And when women are paid equally, their family’s income rises, and they contribute more to the family’s well-being.

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New Social Compact

Latvian human rights activists condemn homophobia in China, Latvia and the world

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The issue of human rights of LGBT persons is like a hot potato – hard to spit it out, but also hard to swallow. Despite majority of the public having nothing against the LGBT community, people are afraid to allow them to have the same human rights everyone else has.

Governments and politicians also clash when it comes to fully recognizing the human rights of LGBT persons – and communist China is no exception. Interestingly, the Chinese Communist Party maintains a stance of double morals on this issue. On the one hand, during UN meetings China always reproaches other nations about homophobia and violations of LGBT rights. On the other hand, China has never been able to eradicate homophobia in the Chinese community, but instead has furthered it, for instance, by banning Eurovision broadcasts in China and by trying to ignore the existence of an LGBT community in China.

The Chinese Communist Party has become seriously entangled in its own ideology – as I already wrote, Chinese representatives have no shame in criticizing other countries’ discrimination of people with a non-traditional sexual orientation, stressing that China doesn’t consider homosexuality to be a mental illness. Moreover, the Chinese government has publicly stated that China supports the activities of LGBT organization. But this is simply not true! Although on the international stage Beijing acts as a protector of the human rights of LGBT communities and agitates for the equality of gays and lesbians, in China itself LGBT and women’s rights activists are being repressed, detained and held in labor camps. Thus, Beijing is doing everything in its power to suppress women’s rights and human rights in general.

The most pathetic thing in all this is that Beijing has always voted against all UN initiatives and resolutions that concern the recognition and establishment of human rights for LGBT persons, as this would draw even more attention to the violations of human rights in China itself.

In this regard, in solidarity with Chinese LGBT representatives the leading protector of LGBT human rights from the party Latvian Russian Union (LKS) Aleksandrs Kuzmins and one of the LKS’s leaders and MEP Tatjana Ždanoka have expressed concerns over the recent homophobic attacks in Latvia and are urging citizens from Latvia and around the world to attach a rainbow flag next to the ribbon of St. George during the upcoming 9 May Victory Day celebrations, thus commemorating members of the LGBT community that died during World War II.

Kuzmins stressed that during WWII members of the LGBT community also fought against Nazi Germany, adding that it’s no secret that in the Soviet army there were hundreds and thousands of gays and lesbians who fought shoulder to shoulder for the freedom of their motherland. These people were, however, repressed and exiled to Siberia after the war by the Stalin regime. Most of them were tortured to death in gulags, which is confirmed by information recently acquired from Moscow’s archives.

Human rights activists from the LKS believe that it’s time for people to change and openly talk about the mistakes that were made in the past – we don’t live in the Middle Ages anymore and we should get rid of ancient dogmas and stereotypes about the LGBT community, lest more people fall victim to the intolerance and hate.

On the eve of the Victory Day, the LKS urges global leaders to admit the severe mistakes that have been made and to end the repressions against their own LGBT communities.

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