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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

Demand for Investigation of COVID-19 gained momentum

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Human history is full of natural disasters like Earthquakes, Floods, Fires, Vacanos, Drought, Famine, Pandemic, etc. Some of them were really huge and have been damaged a lot. The outbreak of diseases was also very common in the past, like Spanish Flu, Tuberculosis, Cholera, Ebola, SARS, Middle-East-Virus, etc. However, the most damaging in recent history is COVID-19.

According to Worldometer, the latest data reveal that Coronavirus Cases has reached :

193,422,021, and death toll touched: 4,151,655. However, these are the official data provided by each individual country to Worldometer. The actual data is much more, as some countries have limited resources and could not test their population on a bigger scale, whereas few countries hide the actual data to save face, like India. Prime Minister Modi has mishandled the Pandemic and politicized it. His extremist approach toward minorities and political opponents has worsened the situation. He is afraid, if the public comes to know the actual disasters, he may lose political popularity and have to leave the office. Unofficial sources on groud estimate the actual figures are almost ten times higher. He has taken strict measures to hide the actual data and control media on reporting facts.

Whatever the actual data, even the official data shows a big disaster. Almost all nations became the victim of it and suffered heavily. The loss of human lives and the economic loss have made the whole World think seriously.

It is time to investigate the origin of COVID-19. There are many theories, and some are part of the blame game and politics, without proper investigations and reliable evidence. The World is so much polarized that it is very difficult to believe any side of the views and blames. Under this scenario, it is the World Health Organization (WHO) responsibility to conduct a transparent investigation and reach the source of COVID-19. It is believed that the whole World may trust WHO.

Chinese Foreign Ministry spokesman Zhao Lijian demanded on Wednesday that the United States show transparency and conduct a thorough investigation into its Fort Detrick laboratory and other biological labs overseas over the origins of COVID-19 in response to appeals from people in China and around the World. By Wednesday afternoon, an open letter published on Saturday asking the World Health Organization to probe Fort Detrick had garnered nearly 5 million signatures from Chinese netizens.

“The soaring number reflects the Chinese people’s demands and anger at some people in the US who manipulate the origin-tracing issue for political reasons,” Zhao said at a regular news briefing in Beijing.

The US Centers for Disease Control and Prevention issued a “cease and desist order” in July 2019 to halt research at Fort Detrick that involved dangerous organisms like the Ebola virus. The same month, a “respiratory outbreak” of unknown cause saw more than 60 residents in a Northern Virginia retirement community become ill. Later that year, Maryland, where Fort Detrick is based, witnessed a doubling of the number of residents who developed a respiratory illness related to vaping.

But the CDC never released information about the shutdown of the lab’s deadly germ research operations, citing “national security reasons”. “An investigation into Fort Detrick is long-overdue, but the US has not done it yet, so the mystery remains unsolved,” Zhao said, adding that was a question the US must answer regarding the tracing of the origins of COVID-19.

There are 630,000 of its citizens lost to the Pandemic. The US should take concrete measures to investigate the origins of the virus at home thoroughly, discover the reason for its inadequate response to the Pandemic, and punish those who should be held accountable. Especially in the initial days, the mishandling of the Pandemic by then-President Trump was a significant cause of the rapidly spreading of the virus, which must be addressed adequately. Washington remains silent whenever Fort Detrick is mentioned. It seeks to stigmatize and demonize China under the pretext of origin-tracing.

It appealed that the WHO may come forward and conduct through research and investigation in a professional, scientific, and transparent manner to satisfy the whole World.

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New Social Compact

How to eliminate Learning Poverty

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Children learn more and are more likely to stay in school if they are first taught in a language that they speak and understand. Yet, an estimated 37 percent of students in low- and middle-income countries are required to learn in a different language, putting them at a significant disadvantage throughout their school life and limiting their learning potential. According to a new World Bank report Loud and Clear: Effective Language of Instruction Policies for Learning, effective language of instruction (LoI) policies are central to reducing Learning Poverty and improving other learning outcomes, equity, and inclusion.

Instruction unfolds through language – written and spoken – and children learning to read and write is foundational to learning all other academic subjects.  The Loud and Clear report puts it simply: too many children are taught in a language they don’t understand, which is one of the most important reasons why many countries have very low learning levels.

Children most impacted by such policies and choices are often disadvantaged in other ways – they are in the bottom 40 percent of the socioeconomic scale and live in more remote areas.  They also lack the family resources to address the effects of ineffective language policies on their learning. This contributes to higher dropout rates, repetition rates, higher Learning Poverty, and lower learning overall.

“The devastating impacts of COVID-19 on learning is placing an entire generation at risk,” says Mamta Murthi, World Bank Vice President for Human Development. “Even before the pandemic, many education systems put their students at a disadvantage by requiring children to learn in languages they do not know well – and, in far too many cases, in languages they do not know at all. Teaching children in a language they understand is essential to recover and accelerate learning, improve human capital outcomes, and build back more effective and equitable education systems.”

The new LoI report notes that when children are first taught in a language that they speak and understand, they learn more, are better placed to learn other languages, are able to learn other subjects such as math and science, are more likely to stay in school, and enjoy a school experience appropriate to their culture and local circumstances. Moreover, this lays the strongest foundation for learning in a second language later on in school. As effective LoI policies improve learning and school progression, they reduce country costs per student and, thus, enables more efficient use of public funds to enhance more access and quality of education for all children.

“The language diversity in Sub-Saharan Africa is one of its main features – while the region has 5 official languages, there are 940 minority languages spoken in Western and Central Africa and more than 1,500 in Sub-Saharan Africa, which makes education challenges even more pronounced,” says Ousmane Diagana, World Bank Regional Vice President for Western and Central Africa. “By adopting better language-of-instruction policies, countries will enable children to have a much better start in school and get on the right path to build the human capital they need to sustain long-term productivity and growth of their economies.” 

The report explains that while pre-COVID-19, the world had made tremendous progress in getting children to school, the near-universal enrollment in primary education did not lead to near-universal learning. In fact, before the outbreak of the pandemic, 53 percent of children in low- and middle-income countries were living in Learning Poverty, that is, were unable to read and understand an age-appropriate text by age 10. In Sub-Saharan Africa, the figure was closer to 90 percent. Today, the unprecedented twin shocks of extended school closures and deep economic recession associated with the pandemic are threatening to make the crisis even more dire, with early estimates suggesting that Learning Poverty could rise to a record 63 percent. These poor learning outcomes are, in many cases, a reflection of inadequate language of instruction policies.

“The message is loud and clear.  Children learn best when taught in a language they understand, and this offers the best foundation for learning in a second language,” stressed Jaime Saavedra, World Bank Global Director for Education. “This deep and unjust learning crisis requires action. Investments in education systems around the world will not yield significant learning improvements if students do not understand the language in which they are taught. Substantial improvements in Learning Poverty are possible by teaching children in the language they speak at home.”

The new World Bank policy approach to language of instruction is guided by 5 principles:

1. Teach children in their first language starting with Early Childhood Education and Care services through at least the first six years of primary schooling.

2. Use a student’s first language for instruction in academic subjects beyond reading and writing.

3.  If students are to learn a second language in primary school, introduce it as a foreign language with an initial focus on oral language skills.

4. Continue first language instruction even after a second language becomes the principal language of instruction.

5. Continuously plan, develop, adapt, and improve the implementation of language of instruction policies, in line with country contexts and educational goals.

Of course, these language of instruction policies need to be well integrated within a larger package of policies to ensure alignment with the political commitment and the instructional coherence of the system.

This approach will guide the World Bank’s financing and advisory support for countries to provide high-quality early childhood and basic education to all their students. The World Bank is the largest source of external financing for education in developing countries – in fiscal year 2021, it broke another record and committed $5.5 billion of IBRD and IDA resources in new operations and, in addition, committed $0.8 billion of new grants with GPE financing, across a total of 60 new education projects in 45 countries.

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World leaders must fully fund education in emergencies and protracted crises

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Many schools in Afghanistan have suffered the effects of long-term conflict. ©UNICEF/Marko Kokic

During June’s UN Security Council High-Level Open Debate on Children and Armed Conflict, leaders from across the world stood up to call for expanded support for education in emergencies to protect vulnerable children and youth enduring armed conflicts, climate change-related disasters, forced displacement and protracted crises.

In our collective race to leave no child behind and to achieve the Sustainable Development Goals in just nine short years, now is the time to translate these universal values and human rights into action.

The will is there. Nations across the globe, UN leaders and other key stakeholders stood up to address the horrific attacks on education happening on a daily basis and called for increased funding for organizations working to ensure crisis-affected children have access to safe, quality education.

Irish President Michael Higgins focused on education, protection and accountability in his address.

“I am sure that we can all agree that it is morally reprehensible that 1 in every 3 children living in countries affected by conflict or disaster is out of school. Schools should be protected, be a safe shelter and space for learning and development,” said Higgins. “Ireland prioritizes access to education in emergencies. We have committed to spend €250 million on global education by 2024. That is why we are launching the Girls Fund to support grassroots groups led by girls, advancing gender equality in their own communities.”

Nicolas de Rivière, Permanent Representative of France to the United Nations, highlighted support from France to Education Cannot Wait, as well as the importance of protection for children caught in emergencies.

“The socio-economic consequences of the pandemic and school closures put children at greater risk: inequalities are increasing in all regions of the world. Acts of domestic violence, rape and other forms of sexual violence, and school dropout have increased,” said de Rivière. “School closures increase recruitment by armed groups as well as child labor. Here, as everywhere, girls also have specific vulnerabilities. I am thinking in particular of the risk of early and forced marriage. For its part, France will continue to play an active role and promote the universal endorsement of the Paris Principles and Commitments. In the field, we support projects that guarantee access to education in emergency situations, notably the Education Cannot Wait Fund.”

Children under attack

The number of grave violations against children rose to 19,000 in 2020 according to the UN Secretary-General’s Report on Children in Armed Conflict, released in May 2021. To put this number in context, that’s over 50 girls and boys every day that are killed or maimed, recruited and used as soldiers, abducted, sexually violated, attacked in a school or hospitals, or denied their humanitarian access to things like food and water. 

The numbers are staggering. Last year, more than 8,400 children and youth were killed or maimed in ongoing wars in Afghanistan, Somalia, Syria and Yemen. Another 7,000 were recruited and used as fighters, mainly in the Democratic Republic of the Congo, Myanmar, Somalia and Syria. With COVID-19 straining budgets and humanitarian support for child protection, abductions rose by 90 per cent last year, while rape and other forms of sexual violence shot up 70 per cent.

UN Secretary-General António Guterres underscored the need to support the Safe Schools Declaration and the Children in Armed Conflict mandate in his address to the UN Security Council.

“We are also seeing schools and hospitals constantly attacked, looted, destroyed, or used for military purposes, with girls’ education and health facilities targeted disproportionately. As we mark the 25th anniversary of the creation of the Children in Armed Conflict mandate, its continued relevance is sadly clear and it remains a proven tool for protecting the world’s children,” said Guterres. 

This is a vast human tragedy playing out across the globe. And despite efforts to support the Safe Schools Declaration, to re-imagine education during the COVID-19 pandemic and to align forces to achieve the Sustainable Development Goals, we seem to be backsliding on our commitments.

Just imagine being a mother and learning that your daughter will not be coming home from school today. That she was abducted, along with 150 other students at their school in Nigeria. Imagine seeing your son, Sabir, lose his leg after being shot by armed gunmen in South Sudan. Imagine being a Rohingya girl like Janet Ara, who hid in forests, forged rivers and is now seeking a better life and opportunity through an education in the refugee camps of Bangladesh.

Imagine the trauma and terror … now imagine the opportunity.

A wake-up call

If we can come together to give every girl and boy on the planet access to a quality education, we can build a more peaceful, secure, humane and prosperous world.

Before COVID-19 hit, we calculated that at least 75 million children and youth caught in crisis and emergencies were being denied their right to an education. But with schools closed and many children at risk of never returning to the classroom, that number has jumped to around 128 million. That’s more than the total population of the United Kingdom. That’s more than the total populations of Canada, Denmark and Norway combined.

Denying these children their right to a quality education perpetuates cycles of poverty, violence, displacement and chaos.

As the United Nations global fund for education in emergencies and protracted crises, Education Cannot Wait (ECW) offers a new approach to break these negative cycles for good.

This means embracing a New Way of Working that brings in actors from across all sectors – national governments, donors, development, humanitarian response and education actors, national and local civil society, the private sector and more – to break down silos and work together to deliver whole-of-child solutions for whole-of-society problems.

In doing so we are bridging the humanitarian-development-peace nexus. Through ground-breaking collective action with partners across the globe, ECW has already launched multi-year resilience programmes and first emergency responses across more than 30 countries and crisis contexts and is on track to do more.

By doing so we can replace the cycle of poverty, violence, displacement and chaos with a cycle of education, empowerment, economic development, peace and new opportunities for future generations.

Delivering on our promise for universal, equitable education

The ECW model has proven to work. 

In just a few short years of operation, ECW has already provided 4.6 million crisis-affected girls and boys with access to a quality education. We’ve worked with national governments, donors, UN agencies and NGOs to reach 29.2 million girls and boys with our education in emergency response to the COVID-19 pandemic.

In Bangladesh, girls like Janet Ara are returning to school, children with disabilities like Yasmina are accessing the support they need to learn, grow and thrive, and organizations like BRAC are receiving the support they need to build back better from the fires.

In Afghanistan, girls like Bibi Nahida are attending school for the first time, remote learning is helping children to continue their education during the pandemic, and female teachers are being recruited to teach biology, science and empower an entire generation of girls.

In Colombia and Ecuador, refugee children fleeing violence, hunger and poverty in Venezuela are being brought into schools, provided with laptops and cellular plans, and the psychosocial support they need to recover from the anxiety and stress of displacement.

Our call to action

An investment in education is an investment in the present and the future.

Recent analysis indicates that the likelihood of violence and conflict drops by 37% when girls and boys have equal access to education. Incomes go up by as much as 10% for each year of additional learning, while an estimated $15 to $30 trillion could be generated if every girl everywhere were able to complete 12 years of education.

We are making important headway with partners across the globe. The amount of humanitarian funding for education increased five times between 2015 and 2019 – and accounted for 5.1% of humanitarian funding in 2019.

Nevertheless, just 43.5% of humanitarian appeals for education were mobilized that same year.

That means girls like Bibi and Janet Ara may be pushed out of school, boys like Sabir might be recruited into armed groups. And children with disabilities like Yasmina will be pushed to the sidelines.

We have the will. Now it’s time to turn that will into action.

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