Freedom Fighter's Descendant Alleges Harassment For Exposing Corruption In Gujarat Transport Dpt, Seeks High Court's Permission For "Active Euthanasia"
In a writ petition filed before the Gujarat High Court under Article 226 of the Constitution, a man claiming to be a descendant of freedom fighter Namdev Nathu Mahajan has sought permission to commit Iccha Mrytyu i.e., active euthanasia.The Petitioner, 56 years of age, says he was working as a driver in the Gujarat State Road Transport Corporation when he received information and...
In a writ petition filed before the Gujarat High Court under Article 226 of the Constitution, a man claiming to be a descendant of freedom fighter Namdev Nathu Mahajan has sought permission to commit Iccha Mrytyu i.e., active euthanasia.
The Petitioner, 56 years of age, says he was working as a driver in the Gujarat State Road Transport Corporation when he received information and documents regarding some corruption which was going on in the department. This corruption was allegedly being carried on with the support of high level officers of the department.
The Petitioner claims that he tried to bring this to light of the day but he was harassed by officers of the department and subsequently, basis bogus charges, was removed from his position. The Petitioner claims he even approached the concerned authority for the Central Board of Investigation regarding the corruption scandal, but in vain. Subsequently, he started an andolan at Jantar Mantar and arranged meetings with many politicians of various parties but to no avail.
Due to the immense mental agony borne by the Petitioner, he now seeks permission to end his life and thereby put an end to the harassment and troubles being borne by him.
Tracing the development in debates and discussion around the controversial issue of euthanasia across the world, the Petitioner drew a distinction between 'active' and 'passive' euthanasia and also referred to the Supreme Court judgement on passive euthanasia. The Petitioner stated:
"The apex court remarked in the judgment that the Constitution of India values liberty, dignity, autonomy, and privacy. The present petitioner humbly say and submit that an alternative approach to the question is seen in the hospice movement which promotes palliative care for the dying and terminally ill."
Reference to euthanasia was also made in the Indian context wherein the Petitioner contested that Swami Vivekanand, Goddess Sita, Vinoba Bhave had opted for active euthanasia by refusing food and medicine. Thus, the practice of euthanasia was firmly entrenched in Indian culture and the Petitioner sought the same in the interest of justice.
He submits that he is tired of the daily quarrel with his family and has no one to take care of him. He further assured that he would donate all his body organs to needy person or for medical research. It was also stated that he had made representations to the Governor of Gujarat, President of India, Chief Minister of Gujarat as well as the Prime Minister of India but had received no response.
Seeing that no other remedy was available, he filed the writ petition as a last resort and sought permission for Iccha Mrityu "to end his life happily and willfully as per his desire."
Also Read: Freedom To Die: A Look At Active Euthanasia's Position In The Indian Legal System
Case Title: Jawaharlal Bansilal Mahajan v. Union of India & Ors.