Context:
Switzerland’s police recently arrested four individuals linked to the death of a 64-year-old American woman who reportedly used a ‘Suicide Pod’.
The Sarco Pod
- Sarco suicide pod was designed by Dr. Philip Nitschke, a pro-euthanasia advocate.
- The Sarco pod, named after the sarcophagus, is a coffin-sized, airtight machine designed, for assisted dying, created by Exit International.
- It features a 3D-printed capsule equipped with a Liquid Nitrogen canister.
- The individual initiates the process but relies on the device for execution.
- In the Sarco pod, a person can press a button to flood the chamber with nitrogen gas, leading to unconsciousness and subsequent death within minutes.
- Prospective users must first pass a mental fitness test to access the device.
Legal Status of Suicides in Switzerland
- In Switzerland active euthanasia is illegal but assisted dying is permitted as long as the individual ends their life without “external assistance” and helpers do not have any self-serving motives.
- This legal framework has made Switzerland a popular destination for “death tourism.”
Euthanasia and Assisted Dying:
- Euthanasia and assisted dying both involve intentional acts to end a person’s life.
- Euthanasia involves a physician administering a lethal substance, which can be voluntary (with patient consent) or involuntary (without consent, such as in a coma).
- Assisted dying allows the individual to self-administer a lethal substance, typically with medical assistance limited to obtaining the drug. It does not necessarily require the person to be terminally ill.
Legal Position on Euthanasia in India
- Gian Kaur v. State of Punjab (1996): SC ruled that the right to die is not included in the right to life under Article 21.
- Aruna Ramachandra Shanbaug v. Union of India (2011):
The Court allowed passive euthanasia.
Active Euthanasia: This involves taking specific actions to end a patient’s life (e.g., administering lethal substances).
Passive Euthanasia: This occurs when life-support is withdrawn, allowing death to occur from the underlying illness. - Common Cause v. Union of India in 2018: It ruled that active euthanasia can only be legalized through legislation.
Currently, passive euthanasia is recognized under the Indian Constitution, particularly for individuals in a permanent vegetative state, who can seek it through the High Court.
The Supreme Court confirmed that the right to life under Article 21 includes the right to die with dignity.