'Every #40 seconds a life is lost to #suicide. Many people contemplating suicide are experiencing hopelessness and may feel that there is no other option, but we must be there to help them. There is always a way out, together!' –Dr. Tedros Adhanom Ghebreyesus, Director General of World Health Organization, 10 September 2020.[1] Dear Editor, Gera et al. analyse legal issues in end-of-life care and discuss its current status in India and the road ahead in January–February 2023 issue of the journal.[2] Therein, they make conversation about euthanasia, the right to life, various law commission reports related to the issue around end-of-life care, advanced directive of the person - prepared when not terminally ill and various Supreme Court judgements delivered in this context. We benefit from by going through the write up and learn a lot from the experiences of the authors acquired by routinely caring for seriously ill patients – some of whom are not going to make it – and making a dialogue with their family members. In two figures, they draw a virtual map of the Guidelines of the Honourable Supreme Court of India related to the topic and also their model bill to summarise, which needs careful perusal. A bird's eye-view provides us with a snapshot of the relevant points of the review. The fact of the matter is that the legislature needs to fill the gap by enacting laws matching the rapidly advancing and complicated medical care system so as to march with its steps. When economic calculations for an average Indian are tremendous at this stage – who frequently makes out of pocket expenditures to foot the bills, unambiguous rules and crystal clear directives will dispel any doubts or apprehensions about such terminally ill patients and a caring team of healthcare workers will not need to have extra medical considerations, saving their precious time and labour. However, there is a slight difference of opinion at a certain point, and I want to draw their attention to it. Under the heading of 'Right to Life', they emphasise that the Supreme Court (of India) upheld the constitutional validity of sections 306 and 309 of the IPC. Thereafter, under the next heading of 'Aruna Shanbaug Case', they underscore that the court also recommended repealing Section 309 of the IPC. However, a relevant piece of information is that under the Mental Health Care Act 2017, suicide attempts have been decriminalised.[3] Hence, there is a call for relief from legal entanglement for the people who need our empathy and support.[4] This article emphasises that two laws have opposing views, and the Supreme Court of India seeks the Government's response.[5] When we look at the challenge through a humane lens, sidelining a purely legal framework, we are better able to evaluate the current day state of affairs.[6] Hence, what scenario emerges is that our legislature directs the people under severe stress to make attempts at snatching their own lives to get a helping hand from the healers but a few loopholes still exist. The need of the hour is to draw their attention to the archaic framework, which remains a cause for concern. Every possible attempt should be made to extend all the genuine support to those who need it the most at this particular stage of life. Further interrogation by law enforcement officers who are visiting for regular formalities only worsens the situation. When police visit a house to investigate a reported crime, there is an attachment to stigma, further compromising the quality of the data. And then, all the subsequent processes go underground, limiting our capacity to accurately gauge the challenge. What we do not know, we cannot manage; and hence to collect the correct data around this sensitive issue, the shroud of police should be removed and the protective umbrage of healthcare should be spread by the state. Suicide is a manifestation of mental illness, and our progressive society should view it as a medical disorder, not a crime. Financial support and sponsorship Nil. Conflicts of interest There are no conflicts of interest.
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Harish Gupta (2024) studied this question.
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