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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

An Analysis on Marshall McLuhan’s concepts

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Marshall McLuhan is an important scholar who has made major contributions to communication discipline through introducing new concepts like “global village” and “medium is the message”. It can be said that ideas of McLuhan can be applied to new technologies and social media discussions today.

McLuhan introduced the idea of “medium is the message” in his book called Medium is the Message that was published in 1967. According to McLuhan, what is said by the message is not very significant. The media actors which can be regarded as the medium hold a more major influence on the masses than the message it presents.

The medium (or media in other terms) does not only have the role of being the carrier of the message but it is also the message that shapes people’s views and perceptions (McLuhan, 1967). McLuhan, based on the idea of “medium is the message” gave examples to support his claim in his book Understanding Media: The Extensions of Man published in 1964. According to McLuhan, the content of any medium is always another medium. For instance, the content of writing is speech; the written word is the content of print; and print can be seen as the content of the telegraph (McLuhan, 1964).

Another important concept coined by McLuhan is “global village”. This concept was introduced in the 1960s to say that mass media will spread all over the world and make the world become a global village (McLuhan, 1962). According to McLuhan, the electronic interdependence of today’s world produces a world in the sense of “global village”. The global village has been created by the instant electronic information movement according to McLuhan.

McLuhan believed in the usefulness of communication technologies. One of the most important emphases McLuhan made was about drawing attention with his findings about the global communication revolution. According to McLuhan, TV has been a critical invention that ensures that nothing remains a secret, and that eliminates privacy, and he believed that the change of societies is possible with the development of communication tools in various forms. McLuhan made one of the most important predictions of the 20th century. This was  the Internet.

In contemporary world, social media is used by millions of user all over the world. New technologies have turned the world into a “global village” Although McLuhan said almost 60 years ago, his ideas about media (medium is the message) and the “global village” concept are still relevant today.

References

  • McLuhan, M. (1962), The Gutenberg Galaxy: The making of typographic man.   London: Routledge.
  • McLuhan M. (1964), Understanding Media: The Extensions of Man by Marshall McLuhan, McGraw Hill
  • McLuhan, M. (1967). The Medium is the Massage: An Inventory of Effects.  London: Penguin Press.

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New Social Compact

Leaving no one behind with Fiqh for person with disability

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As I watch the new Netflix documentary, Crip Camp: A Disability Revolution produced by former President Barrack Obama and Michelle Obama, I realize thatthere is an urgent need for grassroot activism to support disability religious rights to pave the way towards greater equality. The movie highlights disabled summer campers who fight for the realization disability rights in 1970s, at the time when they were largely ignored by the state.

And does Indonesia need A Disability Revolution?

According to a study by Monash University, it is estimated that the disability prevalence rate in Indonesia is between 4% and 11%. There are several causes of disability, ranging from malnutrition, diseases, ageing population, natural disaster, and accident. Unfortunately, due to social stigma in the society against people with disability, the disability statistical figures may be underreported.

The Indonesian government has been actively involved in international convention by ratifying United Nations Convention on the Rights of Persons with Disabilities (UNCRPD) in 2007 and issued the law no. 8 of 2016 on rights of persons with disabilities to comply with human rights standards. But, at the same time the law faces some stagnate situation regarding improved well-beings of people with disabilities because disability prejudices are still at the heart of this tension. 

For example, disabled children are less likely to attend formal education because of lacking inclusive schools. In public places, ramps and accessible information are not easily available. Zooming into the workforce, Indonesian 2010 census reported that only 26,4% people with severe disabilities were employed in formal sectors. This resulted in high rate of self-employment among people with severe disabilities. Many people with mental disability, such as bipolar disorder, have to conceal their condition for the fear of losing jobs.

A research found that discriminations against people with disabilities in developing countries, including Indonesia, caused a loss of up to 7% of Gross Domestic Product(imagine : what if a genius with severe disability like the late Professor Stephen Hawking had never been employed at university?).

Women with disabilities even suffered more from double prejudices, by their gender and their disabilities. What makes thing more difficult for disabled citizens is that, despite of some disabilities laws and ministerial decrees, they were poorly enforced. This explains the urgency of ending this discrimination from a social-economic developmental perspective.

As the largest Muslim majority country in the world, Fiqh (Islamic jurisdiction) for person with disability remains important to safeguard equal religious rights. As a non-disabled Muslim woman, being able to perform Islamic prayer (shalat) properly help me increase my mental wellbeing during this unprecedented time.

Unfortunately, there are still some Muslims who believe that disabilities are by-products of witchcrafts (sihr) or demons (syaitan) which can be healed only by involving spirits and enchanting some quranic verses. Further, in Islamic law per se, there is no specific term which can encompass all disabilities.

“Fiqh for person with disability is very important because the society has yet to accommodate special needs for people with disabilities in performing religious rituals. For example, how does Islam regulate the wudlu(ablution) taken by a man/woman without arms? Considering that Islamic law obligates that someone must wash one’s arm up to elbow during wudlu. And will the wheelchair be considered as najis(impure) inside the mosque?” said Mr. Bahrul Fuad, a disabled person and board member of AIDRAN (Australia-Indonesia Disability Research and Advocacy Network).

Mr. Ahmad Ma’ruf, the Disability Program Team Leader of Muhammadiyah, the second largest and most influential Islamic organization in Indonesia after Nadlatul Ulama (NU), even posed critical questions:“What if persons with hearing impairment wish to get married and say ijabqabul (Islamic marriage vows), will they use sign language? Because religious court has yet to regulate the sign language issue. And who has the authority to validate the sign language as “legally correct” in Islamic marriage?  What if a man with wheelchair wishes to be an imam (leader of a congregational prayer)? Is he allowed to do that, given the fact that many people still interpret explicitly the regulation that makmum (member of a congregational prayer) must follow movements of imam? What if there is no accessible ablution facility in a mosque? Should a person with disability performs tayamum (dried ablution)?”

To address this issue, NUand Muhammadiyah issued Fiqh for person with disability and raise awareness of the public concerning equality for disabled communities. NU even collaborated with the Ministry of Religious Affairs to disseminate the Fiqhto mosques nationwide.

Fiqh for person with disability will fulfil civil rights of disabled community comprehensively, ranging from ubudiyah(religious rituals),muamalah(interpersonal relation), to sahusiah(public policy). This Fiqh will also protect rights of disabled women, as the most marginalized group.

To ensure the smooth implementation of the Fiqh, the government, civil societies, disabled people organizations, religious leaders, and experts of Islamic law should collaborate for accountable monitoring and evaluation. Regular capacity buildings for judges, teachers, and village officials should also be organized.

Finally, political buy-in through Perda(regional regulation)and guidelines should be issued to strengthen government officials’ commitment to enforce the Fiqh. For example, the Special Province of Aceh under Syariah law have regularly issued qanun(regional regulations subjected to Islamic stipulations).

Historically speaking, during the Umayyad Caliph era in the 700s, the Caliph Al-Waleed ibn ‘Abdul Malik accommodated health treatment needs for his population with disabilities through the provision of health care clinics within all his jurisdictional provinces. This idea was emulated by Caliph Umar Bin Abdul Aziz who hired support services workers for people with disabilities. This initiative resulted in social and legal impacts worldwide, in which a broad array of laws on disabilities were enacted.

In making public policy for citizens with disabilities, the government of Indonesia should not paint disabilities situation with a broad brush. Rather, Fiqhfor persons with disabilities must be taken into consideration seriously. Otherwise, there will be far-reaching consequences on well-beings of people with disabilities in the long run.

This Fiqhis a beacon of hope for future generations, to leave no one behind.

As put forward by a member of Crip Camp: “If you don’t demand what you believe for yourself, you’re not gonna get it”.

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New Social Compact

Good Parenting Reduces the Divorce Rate

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Divorce is a very stressful event. Apart from having a bad impact on children, divorce has a major impact on the survival of the husband and wife who experience it. Divorced couples visit psychiatric clinics and hospitals more than couples from intact families. Divorced couples experience anxiety, depression, feelings of anger, feelings of incompetence, rejection, and loneliness.

In Indonesia, the divorce rate from year to year shows an increasing trend. The Ministry of Religious Affairs of the Republic of Indonesia reports that since 2015 until now there has been an increase in the divorce rate. In 2015 there were 394,246 cases, in 2016 it increased to 401,717 cases, then in 2017 it increased to 415,510 cases, as well as in 2018 it continued to increase to 444,358 cases, and by 2020, per August the number had reached 306,688 cases.

               The increase in the divorce rate from year to year has serious consequences in families. Conflict during the process of parental divorce and separation has a negative impact on the physical and psychological well-being of all family members. Quite a number of research results show that divorce has a negative effect on all family members, especially children. The results of Amato’s research in 2011 with a meta-analysis approach to 67 study results showed that children from divorced families had lower academic achievement, behavior, psychological adjustment, self-concept and social relations than children from intact families.

               Based on In the author’s empirical observation, the ending of marital status for a particular family also brings several social impacts, for example: narrowing social networks which results in a lack of social support, causes negative life experiences and psychological suffering, and causes economic hardship for women.

Thus rather than that, a marriage which basically originates from an agreement between two parties, so if there is a divorce, it is certain that both parties will suffer losses. Even children from marriages who divorce will share such losses. Then, what factors cause divorce? In my opinion, the substantial cause of divorce is the parenting concept of a married couple.

Good Parenting

               Parenting, generally known by the public as a pattern of parenting parents towards their children. This assumption is not completely wrong, but it must be straightened out that parenting is an ideal household conceptualization. Of course, you have to move from a husband and wife long before you have children. A husband and wife have had to discuss it long ago so that in various desired manifestations it can be carried out harmoniously together.

Parents (married couples), basically forming their children until they reach maturity will not be separated from the influence of their world. The mode of reflection on the relationship between parent and child is a complex activity that includes many specific attitudes and behaviors that work separately and collectively to influence the child’s outcome and the emotional bonds in which parental behavior is expressed.

In this case, parenting can be explained in terms of two components, namely parental responsiveness and parental demandness. Parents’ demands are the extent to which parents set guidelines for their children and how their discipline is based on these guidelines. Parental responsiveness is an emotional characteristic of parenting. Responsiveness continues to the extent to which parents support their children and meet the children’s needs. Both responsive and demanding parenting have been linked to securing attachment to children. Referring to Baumrind (1971), he identifies three parenting styles, namely: authoritative, authoritarian, and permissive with responsive and demanding concepts in mind.

Authoritative parentingis a condition of authoritative parents as a combination of demands and responsiveness. They make logical demands, set boundaries and demand children’s obedience, while at the same time, they are friendly, accept the child’s point of view, and encourage children’s participation in decision-making and often seek their children’s views in family considerations and decisions. This type of parent is then referred to as the type of parent who monitors and disciplines their children fairly, while being very supportive at the same time.

Authoritarian parenting, a demanding and unresponsive parental condition. They engage in little reciprocal interaction with children and expect them to accept adult demands without question. Strict socialization techniques (threads, commands, physical strength, love withdrawal) are used by parents who are authoritarian and withhold self-expression and independence. Authoritarian parents tend to set high standards and guidelines and require compliance. Authoritarian parents attribute love to success and not nurturing like the other two parenting styles.

Permissive parenting, consists of several clear and predictable rules due to inconstant follow-up and neglected bad behavior, neutral or positive affective tone. They give children a high degree of freedom and do not restrain their behavior unless physical injury involves. Permissive parenting shows an overly tolerant approach to socialization with responsive and non-demanding parenting behavior. These parents are nurturing and accepting, but at the same time they avoid imposing demands and controls on the child’s behavior. They have little or no hope for their children and often see their children as friends and have few boundaries.

Based on the three parenting models above that the author has reviewed and conducted a literature review, it is clear that the Good Parenting pattern that must be applied by a husband and wife is authoritative parenting. This concept implies a condition in which a positive influence on the realm of a child’s life until he grows up on the aspects of education and psychological well-being is formed.

A positive parent-child relationship illustrates that the family will survive in harmony so that it becomes the foundation of a healthy home and community environment. The influence of the parents on the whole life of the child means the influence from birth to adulthood due to the parents. Children spend most of their time at home and the attitudes, behavior, standard of living, and communication of parents with their children have a major impact on the child’s future life. If their parents are too strict or too obedient, it has a negative impact on their life. But the supportive, caring and flexible attitude of the parents results in a psychologically and mentally healthy child.

Parents (a married couple) should adopt an authoritative parenting style and practically apply it when dealing with their children. They are the backbone of a nation and the nation’s future depends on their psychosocial development. Healthy parents can produce healthy children in exchange for a healthy nation. On the other hand, unhealthy parents (husband and wife) will have a bad influence, a small example is divorce. And this is a burden for the nation.

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