Legalization of Euthanasia in Bangladesh
Introduction:
‘My ultimate aim is to make euthanasia a positive experience’- Jack Kevorkian an American activist. ‘The word’s etymology is straightforward: eu means good and Thanatos means death. Originally, euthanasia meant the condition of a good, gentle, and easy death. Later, it took on aspects of performativity; that is, helping someone die gently’. Every human being is eager to live happily till death. No one wants to live an incomplete life. We know that, if a person take his/her own life by his/her own act then we call it suicide but if a person end a deceased person life through his/her request then we call it euthanasia. This word is mostly used in medical content. Francis Bacon was first …show more content…
But to perform euthanasia or mercy killing doctor must have an intention to kill the patient and if he perform that than it will fall under first clause of section 300 of the Penal Code of Bangladesh, 1860 but if there is any valid consent from the deceased person then exception 5 of the said section will be applicable and punishable under section 304 of the Penal Code for culpable homicide not amounting to murder. But it is for active or positive euthanasia where the patient gives consents to death and section 300 exceptions 5 of the Penal Code will be applicable. For involuntary and non-voluntary euthanasia will fall under section 1 to 92 of the Penal Code and then be resulting as illegal and in aspect of assisted suicide the law of our country is also very clear. In our Bangladeshi law right to suicide is not an available right and it is punishable under the section 305 , 306 and 309 of the Penal Code, 1860. On the other hand, section 309 has been brought in our constitution for its constitutionality. One of our important fundamental rights is right to life. Article 32 of our constitution promises us the protection of right to life and personal liberty. However, Mahmudul Islam a learned advocate of Supreme Court in his book stated that, the right to life does not include any right to die rather it provides living with dignity. ‘In Washington vs. Glucksberg and Vacco vs. Quill, the American Supreme Court rejected the plea of unconstitutionality of state laws prohibiting aiding a suicide including physician assisted suicide.’ The Indian Supreme Court gave its decision in Gian Kaur vs. Punjab that the “right to life” guaranteed by article 21 of the Constitution of India, 1949 does not include the “right to die”. Medical aid is a fundamental right for all the citizens of India even for ex-servicemen which the Supreme Court of India confirmed and
Introduction:
‘My ultimate aim is to make euthanasia a positive experience’- Jack Kevorkian an American activist. ‘The word’s etymology is straightforward: eu means good and Thanatos means death. Originally, euthanasia meant the condition of a good, gentle, and easy death. Later, it took on aspects of performativity; that is, helping someone die gently’. Every human being is eager to live happily till death. No one wants to live an incomplete life. We know that, if a person take his/her own life by his/her own act then we call it suicide but if a person end a deceased person life through his/her request then we call it euthanasia. This word is mostly used in medical content. Francis Bacon was first …show more content…
But to perform euthanasia or mercy killing doctor must have an intention to kill the patient and if he perform that than it will fall under first clause of section 300 of the Penal Code of Bangladesh, 1860 but if there is any valid consent from the deceased person then exception 5 of the said section will be applicable and punishable under section 304 of the Penal Code for culpable homicide not amounting to murder. But it is for active or positive euthanasia where the patient gives consents to death and section 300 exceptions 5 of the Penal Code will be applicable. For involuntary and non-voluntary euthanasia will fall under section 1 to 92 of the Penal Code and then be resulting as illegal and in aspect of assisted suicide the law of our country is also very clear. In our Bangladeshi law right to suicide is not an available right and it is punishable under the section 305 , 306 and 309 of the Penal Code, 1860. On the other hand, section 309 has been brought in our constitution for its constitutionality. One of our important fundamental rights is right to life. Article 32 of our constitution promises us the protection of right to life and personal liberty. However, Mahmudul Islam a learned advocate of Supreme Court in his book stated that, the right to life does not include any right to die rather it provides living with dignity. ‘In Washington vs. Glucksberg and Vacco vs. Quill, the American Supreme Court rejected the plea of unconstitutionality of state laws prohibiting aiding a suicide including physician assisted suicide.’ The Indian Supreme Court gave its decision in Gian Kaur vs. Punjab that the “right to life” guaranteed by article 21 of the Constitution of India, 1949 does not include the “right to die”. Medical aid is a fundamental right for all the citizens of India even for ex-servicemen which the Supreme Court of India confirmed and