DR.

RAM MANOHAR LOHIYA

NATIONAL LAW UNIVERSITY,LUCKNOW

SUBJECT: BASICS OF LEGISLATION

FINAL PROJECT
ON
MEDICAL TREATMENT TO TERMINALLY
ILL PATIENTS (PROTECTION OF PATIENTS
AND MEDICAL PRACTITIONERS)
Submitted by: Submitted to:

LOKESH NIGAM Mr. Shashank Shekhar

B.A. LLB (Hons.) Asst. PROFESSOR (Dept. of

Law)

2nd Semester Dr. Ram Manohar Lohiya

Section- A National Law University,

Roll Number- 74 Lucknow

INTRODUCTION
This project is deal with the study of lawful or unlawful act. Firstly ‘Euthanasia’ is an act of any
person, including a doctor, of intentionally killing a person who is terminally ill by giving drugs,
‘Assisted Suicide’ is an act of the patient who receives the assistance of a doctor and takes a drug
with the intention of committing suicide. Then taking from above points we have to proof that
euthanasia and assisted suicide are lawful. There is no euthanasia unless the death is intentionally
caused by what was done or not done. Thus, some medical actions that are often labeled "passive
euthanasia" are no form of euthanasia, since the intention to take life is lacking. These acts
include not commencing treatment that would not provide a benefit to the patient, withdrawing
treatment that has been shown to be ineffective, too burdensome or is unwanted, and the giving
of high doses of pain-killers that may endanger life, when they have been shown to be necessary.
All those are part of good medical practice, endorsed by law, when they are properly carried out.

AIM
The main Objective of this law Draft is to do a deep study and to analyse the whole concept of
terminally ill patient. This law report is prepared for to give relief patient who is suffering a bad
or dangerous illness. The two concept which is based on this topic is Euthanasia and Assisted
Suicide
CONTENT:

1. Title of the act.

2. Number of the act.
3. Time of enactment.
4. Long title.
5. Short Title.
6. Application And extent clause.
7. Commencement Clause.
8. Definition Clause.
9. Objective Clause.
10. Operative part.
11. Offence and penalty clause.
12. Indemnity clause.
13. Protection of action taken in good faith clause.
14. Rule making clause.
15. Overriding effect clause.
16. Removal of difficulty clause.
17. Bibliography.
 MEDICAL TREATMENT TO TERMINALLY ILL PATIENTS
(PROTECTION OF PATIENTS AND MEDICAL PRACTITIONERS)
ACT,2006
(3 0f 2006)
[28th April,2006]

An Act to make provision for the Euthanasia and Assisted Suicide for make
them lawful, for this to established a ‘Medical Treatment to Terminally Ill
Patients (Protection of Patients and Medical Practitioners)’.

Be it enacted by parliament in the 56th year of the republic of india as follows:-

1) This act may be called the Medical treatment to terminally ill patient act 2006.

It shall come into force on such date as the central government may by notification in the
Official Gazette , appoint.

2) In this act unless the context otherwise requires.

a) “Euthanasia” the painless killing of a patient suffering from an incurable and
painful disease or in an irreversible coma.
b) “Assisted suicide” the suicide of a patient suffering from an incurable disease,
effected by the taking of lethal drugs provided by a doctor for this purpose.
c) “Informed decision” Every terminally ill who is a competent patient has a right to
refuse treatment and the decision is binding on the doctors provided the decision
of the patient is an ‘informed decision.

Objective clause:
 1. The 196th report of law commission on medical treatment to terminally ill patient
(protection of patient and medical practitioner) is taken because of the patients who
suffers a incurable diseases which have no solution and the person definitely dead. Then
this draft prepared for to give relief those patient who died painfully and harsh pain
suffered through the end of his or her life.
2. There are two solution to remove the pain of these persons. Firstly Euthanasia and
secondly Assisted suicide.
3. Euthanasia is also called mercy killing. the act of putting to death painlessly or allowing
to die, as by withholding extreme medical measures, a person or animal suffering from an
incurable, especially a painful, disease or condition. Euthanasia is a painless death. The
act or practice of killing hopelessly sick or injured individuals (as persons or domestic
animals) in a relatively painless way for reasons of mercy; also : the act or practice of
allowing a hopelessly sick or injured patient to die by taking less than complete medical
measures to prolong life—called also mercy killing.
4. Assisted Suicide is a suicide by an individual facilitated by means or information(as a
gun or indication of the lethal dosage of a drug) provided by someone else aware of the
individual's intent; especially physician assisted suicide. The voluntary termination of
one's own life by administration of a lethal substance with the direct or indirect assistance
of a physician. Physician-assisted suicide is the practice of providing a competent patient
with a prescription for medication for the patient to use with the primary intention of
ending his or her own life.

OPERATIVE PART:

A hundred years ago, when medicine and medical technology had not invented the artificial
methods of keeping a terminally ill patient alive by medical treatment, including by means of
ventilators and artificial feeding, such patients were meeting their death on account of natural
causes. Today, it is accepted, a terminally ill person has a common law right to refuse modern
medical procedures and allow nature to take its own course, as was done in good old times. It is
well-settled law in all countries that a terminally ill patient who is conscious and is competent,
can take an ‘informed decision’ to die a natural death and direct that he or she be not given
medical treatment which may merely prolong life. There are currently a large number of such
patients who have reached a stage in their illness when according to well-informed body of
medical opinion, there are no chances of recovery. But modern medicine and technology may yet
enable such patients to prolong life to no purpose and during such prolongation, patients could
go through extreme pain and suffering. Several such patients prefer palliative care for reducing
pain and suffering and do not want medical treatment which will merely prolong life or postpone
death.

OFFENCE AND PENALTY CLAUSE:

It is the position today in our country that attempt to commit suicide is an offence under sec 309
of the Indian Penal Code and abetment of suicide is also an offence as per sec 306. The word
‘Abetment’ is independently defined under sec 107 of the Penal Code1

Section 306

If any person commits suicide whoever abets the commission of such suicide, shall be punished
with imprisonment of either description for a term which may extend to ten years, and shall be
liable to fine.

Section 107 defines ‘abetment of a thing’ as follows:

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 “A person abets the doing of a thing, who First: Instigates any person to do that thing;
Secondly: Engages with one or more other person or persons in any conspiracy for the
doing of that thing, if an act or illegal omission takes place in pursuance of that
conspiracy, and in order to the doing of that thing; or
Thirdly: Intentionally aids, by any act or illegal omission, the doing of that thing.

Section 309 of the Code makes ‘attempt to commit suicide’ an offence and it states as
follows:
“Section 309: Whoever attempts to commit suicide and does any act towards the
commission of such offence, shall be punished with simple imprisonment for a term
which may extend to one year or with fine or with both.”
Thus, ‘attempt to commit suicide’ is an offence which may result in imprisonment (for a
term which may extend to one year) or with fine or with both.

While dealing with sec 309, it is necessary to refer to two important decisions of the
Supreme Court of India where, in the first case in P. Rathinam vs. Union of India
1994(3)SCC 394 a two-Judge Bench of the Supreme Court struck down sec 309 as
unconstitutional and in the second case in Gian Kaur vs. State of Punjab: 1996(2)SCC
648 a Constitution Bench overruled the earlier judgment and upheld the validity of sec
309.
In both the judgments, the provisions of Art 21 of the Constitution of India which
guarantees that no person shall be deprived of his life or personal liberty except according
to procedure established by law, were interpreted. It was held in both cases, that, in any
event, sec 309 did not contravene Art 14 of the Constitution of India.2

PROTECTION OF ACTION IN GOOD FAITH CLAUSE:

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 ILLUSTRATION:

a) Z is thrown from his horse, and is insensible. A, a surgeon, finds that Z requires to be
trepanned. A, not intending Z’s death, but in good faith, for Z’s benefit, performs the
trepan before Z recovers his power of judging for himself. A has committed no offence.
b) Z is carried off a by a tiger. A fires at the tiger knowing it to be likely that the shot may
kill Z, but not intending to kill Z, and in good faith intending Z’s benefit. A’s ball gives Z
a mortal wound. A has committed no offence.
c) A, a surgeon, sees a child suffer an accident which is likely to prove fatal unless an
operation be immediately performed. There is no time to apply to the child’s guardian. A
performs the operation in spite of the entreaties of the child, intending, in good faith, the
child’s benefit. A has committed no offence.
d) A is in a house which is on fire, with Z, a child. People below hold out a blanket. A drops
the child from the housetop, knowing it to be likely that the fall may kill the child, but not
intending to kill the child, and intending, in good faith, the child’s benefit. Here, even if
the child is killed by the fall, A has committed no offence.
e) Explanation: Mere pecuniary benefit is not benefit within the meaning of sections 88, 89
and 92.”3

RULE MAKING CLAUSE:

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PAGE 28 from the law report.
 1. If the doctor was not under a legal duty to provide or continue with life-support system,
or he had a ‘lawful excuse, for discontinuing it, it may then be said that he or she had not
legally caused the death of the patient.
2. As to the duty to provide ‘necessaries of life’, sec 151 applies to patients under medical
care. Medical treatment is included in ‘necessaries 283 of life’.
3. doctors are under a duty to provide ventilator, they are legally justified in withdrawing it
if there was a ‘lawful excuse’.

BIBLIOGRAPHY:
1. Gaur. K.D.; a text book on Indian penal code; third edition. 2004
2. Mishra S.N.; I.P.C.; 15th ed. 2007; Central Law Pub. Allahabad
3. Ratan Lal & Dhiraj Lal, the Indian Penal Code, 31st enlarged ed. (2006),
Wadhwa &Company, Nagpur.
4. PSA Pillai’s Criminal Law, 10th edition
5. R Nelson’s Law of Crimes

ELECTRONIC SOURCES:-

1. www.manupatra.com
2. http://www.legalsearch.com
3. http://lawteacher.net
4. www.lawcommissionofindia.com
5. www.euthanasia.com