‘DAYA-MARAN’ (Euthanasia) AND ‘ICHCHHA-MARAN’ (Voluntarily embracing a dignified death)

[Note – March 2018 – Very recently the Supreme Court of India rendered a very important decision, whereby they have allowed Euthanasia on the basis of an earlier Will made by the patient. The Court has declared that ‘Right to have a dignified Death’ is a natural extension of the ‘Right to life’.

Though this decision of the Supreme Court is subject to certain conditions, it is still an important verdict. However, the subject of ‘Willfully embracing a Dignified Death even though a person is healthy’ is still to be tackled by the Supreme Court of India and / or the Indian Parliament.

On the subject of ‘Euthanasia’ & ‘Willfully embracing an honourable Death’, the present author had written an article in 2016, and had submitted it to a Ministry of the Govt. of India, who had asked for public opinion on the subject of Euthanasia. (Subsequently, the author also posted couple of articles in Marathi, an Indian language).

It will be interesting to read this 2016 article even now, as it discusses some important basic issues related to a ‘Dignified Death’.

It also should be noted that the basic issue raised in this article is applicable everywhere in the world, because whereas the Law may differ from country to country, the tenets of ‘Morality’ are the same world-over].

‘Euthanasia’ has been under much discussion recently, since the govt. India is planning to come up with a law on this issue. The Department of Family Welfare, Govt. of India have solicited public input on this issue. In that sense, this brief monograph.

(1). Various people argue that since one’s birth is not in their hands, one’s death should not be in their hands either. But there is a fallacy in such thinking. There is no doubt that the birth of one is not in your hands. But Man is a ‘thinking animal’. Man has been given intellect, reasoning ability, decision-making ability, and much more. Every man and woman would like to live a ‘dignified’ life. Likewise, he has the right to a ‘Dignified’ Death.

Before we continue, let us understand the difference between ‘Illegal’ and ‘Immoral’. Let’s look at an example to clarify this point. Piracy and ‘looting other ships’ is clearly an immoral act. But, in the medieval era, such looting was sanctioned by European monarchs, making it ‘Legal’ as far as the pirate’s country was concerned. Today, the looting of ships is not legal internationally, so the acts of Somali pirates are not only immoral, but also illegal.

Similarly, the choice of a person’s own dignified Death has not been legally approved so far, so it is considered illegal. But is it immoral? Let’s think deeply about this pose.

Then the matter of euthanasia arises. The Dictionary defines ‘Euthanasia’ as follows:

‘The act or practice of killing (defenselessly sick or injured) individuals for reasons of mercy’.

We can term this act as ‘DAYAMARAN’. (Daya – Mercy. Maran – Death).

This is what the Govt. is now proposing through a Law that the terminally ill be allowed to die (that is, have a Dignified Death, instead of uselessly prolonging life).

The Government is ending this as ‘Passive Euthanasia’.

[For our discussion, let us call this type as ‘Category-A’].

Of course, many times such a patient may be in a coma, so the consent of the patient’s close relatives, as well as the approval of the doctors, will be necessary to carry out such an action.

Naturally, Euthanasia is a Moral action, and it will also become LEGAL once a Law is established.

Of course, by introducing the Law, the Government. It will be necessary to watch over certain procedures, so that the law is not misused.

I wholeheartedly support the Passive Euthanasia Law, which must be approved and put into practice.

(two). However, I would like to take this discussion a bit further.

The Indian Government is currently only discussing the issue of ‘passive euthanasia’, for terminally ill patients and comatose patients. But what about terminally ill patients who are fully conscious, who have full senses and awareness, and who consciously want death rather than suffer excruciating excruciating pain and other indignities such as ‘depending on others for their bodily cleansing’? and grooming needs? ‘? Do you have no control over your life and Death?

[Here, let us call this as ‘Category-B’].

If such patients give a ‘proper’, duly certified and legally valid Declaration, they should be legally allowed to leave this world in a dignified manner.

This is not ‘DayaMaran’ (Euthanasia), but ‘IchchhaMaran’ (Ichchha – Will, Desire. Maran – Death).

(3). The next category is people who are healthy and strong today, but who are worried about what will happen to them if in the future they get sick and their condition becomes like ‘Category-B’ or ‘Category-A’.

[For the present discussion, let us call such persons as ‘Category-C’].

If such people make a ‘Health Will’, they should be allowed a dignified death if they fall into the ‘B’ or ‘A’ categories in the future.

A ‘Will’ is usually made for financial matters. What the English word ‘Will’ means, has been termed in the Indian context as ‘Mrityuparta’ (Mrityu – Death. Patra – Letter / Document A). However, it is now called ‘IchchhaPatra’. (Ichchha-Will, Desire. Patra – Document).

The aforementioned ‘Health Will’ will also give rise, not to ‘DayaMaran’ (Euthanasia), but to ‘IchchhaMaran’ (Ichchha – Will, Desire. Maran – Death).

Legal processes can also be established here, such as the Registry of the ‘Health Will’, that is, ‘IchchhaMaranPatra’ (Ichchha -. Testament, wish. Maran-Death. Patra – Document).

The great ancient Indian epic Mahabharata mentions that Bheeshma (a main character) was ‘IchchhaMarani’ (He who will die alone of his own free will); and he died a dignified Death, only when he wanted it. This is the admired example of the Great Indian Epic, and people should have that kind of choice.

(4). India has had a great and honorable tradition of ‘Death With Dignity’. When people get older, some feel that they have fulfilled their life’s purpose and cannot contribute anything new to the Society. So, they, of their own free will, fast (stop eating) and stop drinking water and any liquid, and pass from this world after a few days. Such an effort, in the Hindu tradition, is called ‘Prayopveshan’; and in the Jain Tradition (Jain – An Indian sect), it is called ‘Santhara’.

(There could be some minor differences between the two, but for our discussion here, we can treat them as similar.)

[Here in our discussion, let us call this as ‘Category-D’ ].

Some notable examples of Prayopaveshan are Veer Savarkar (a great Indian freedom fighter) and Acharya Vinoba Bhave (a great modern era Indian philosopher and disciple of Mahatma Gandhi).

Similarly, there are examples of Santhara from Jains, particularly Jain Munis (Muni – An ascetic).

Furthermore, it is not only ’eminent persons’ who choose ‘Prayopaveshan’ or ‘Santhara’. Even some ordinary people, jansadharan (common men), choose the path of Prayopaveshan or Santhara. In India, this is an ancient and honorable Tradition for a Dignified Death.

It should be noted that ‘D-Category’ is the highest level among the four categories.

This type of Death is at the highest Moral Level. The Society also treats people who have performed Santhara or Prayopaveshan, as people on a very high moral pedestal.

Are we going to deny this ancient and honorable practice, and deny people of the highest moral level their ‘IchchhaMaran’ (voluntary and dignified death)?

This type of Dignified and Honorable Death must also be legalized.

A news broke that the Jain community has filed a petition in the Supreme Court of India, that Santhara’s death should be treated as legal (and not treated as suicide). If that is the case, Prayopaveshan should also be dealt with by Santhara, and treated as Lawful. (Maybe some NGO could do such [public-interest-application).

Be that as it may, the fact remains that such willful choosing of Death is of the highest Moral Order. And, it ought to be recognized as such. (just as ‘Seppuku’ had been in medieval Japan).

(5). Suicide is, however, outside the purview of the present discussion. In any case, it is illegal.

[Author’s Note of March 2018 – The Govt. of India has informed the Supreme Court that it is planning to bring in a law, whereby suicide will no more be treated as criminal act].

Conclusion:

Above, we have discussed FOUR categories of people, in connection with ‘Honorable Death’, (‘DayaMaran’ or ‘IchchhaMaran’).

None of the Four categories is Immoral; and all FOUR categories should be legalized.

In any case, ‘passive euthanasia’ must be legalized immediately. We owe a lot to our suffering fellow citizens.

[Author’s Note of March 2018 – As mentioned at the beginning of this article, the Supreme Court of India has now declared this to be legal, subject to some conditions].

I appeal to all citizens on this as I am not only an educated, serious thinking, ‘Buddhiwadi’ (rational thinking) senior citizen, but also one who has seen the death of a very close relative, my wife, the Dr. Snehalata. , from very close. Even during the last phases of the terminal illness caused by cancer, she, a social scientist, intellectually discussed euthanasia and ‘IchchaMaran’ with the medical oncologist. She wholeheartedly supported ‘Ichchha-Maran’ (voluntarily embracing a dignified and honorable death). So we are two supporting ‘Ichchha-Maran’.

We want everyone to have the legal option of an ‘honorable death’.

– Subhash S. Naik.

Mumbai, India