Anti Defection Law: Defection vs Dissent debate

Is Anti Defection Law, A deadly blow for parliamentary dissent?

What is defection?

Defection in general is to abandon a position or association, to join an opposing group. Political defection is abandoning a political party, often to join another political party in lure of office and political advantage.

What is dissent?

Dissent means holding of different opinions and views. When dissent is brought on the floor of the parliament it is called as parliamentary dissent.

The Indian Constitution in spite of being the lengthiest written constitution, still have to depend on certain unarticulated traditions and conventions for its successful working. Such traditions and conventions can be called as constitutional or social morality.

One such convention relates to dissent (i.e difference of opinion). A classic example of a convention related to dissent was, In June 1951, when a sizable section of the Indian National Congress members fell in disagreement with the INC government led by J Nehru, the dissidents led by J B Kripalani walked out of the party and founded the Kisan Mazdoor Praja Party (KMPP). All the members of the party who were parliamentarians or state legislators voluntarily resigned (not out of compulsion of law), and most of them sought reelection to appropriate legislature from the same constituency.

Over the years, these traditions and conventions were unfortunately forgotten and the very nature of politics and the political parties changed. By the second half of the 1960's, "The one party dominance system" or the "Congress system" gave way to "Multi-party system" with the emergence of regional political parties in the political landscape of India. This was accompanied with the phenomenon of large scale political migrations. Some legislators belonging to parliament and state legislative assemblies changed their membership from one political party to another, often guided by the principle of narrow self-interest. In 1967, Gaya Lal (a member of the Haryana Legislative Assembly from the Hasanpur constituency) changed his political party thrice in a day. Since then "Aaya Ram Gaya Ram" became the popular expression for frequent floor-crossing by legislators. This led to corruption on the floor of the house, frequent realignment, fragile and unstable alliances, political instability, unnecessary election expenditures, etc.... Office baited defection became the new political culture. Within a brief span of 4 years (1967-71), there were 142 defections in Parliament and 1969 defections in State Assemblies across the country. Thirty-two governments collapsed and 212 defectors were rewarded with ministerial positions.

Defection poses a threat to the very essence of parliamentary system. This led to enactment of Anti Defection Law. The disqualification of members of parliament and of state legislatures on the ground of defection is mentioned in 10^th schedule of the constitution (popularly referred to as the Anti- Defection Law). It was inserted by 52^nd constitutional amendment act 1985.

Provision in the Tenth Schedule

Grounds of Disqualification

• If a member of a house belonging to a political party:
• Voluntarily gives up the membership of his political party on whose ticket he contested, or
• Votes, or does not vote in the legislature, contrary to the directions of his political party.
• However, if the member has taken prior permission, or is condoned by the party within 15 days from such voting or abstention, the member shall not be disqualified.
• If an independent candidate joins a political party after the election.
• If a nominated member joins a party six months after he becomes a member of the legislature (Which means a nominated member can join any political party with six months from the date of his nomination)

 Exception

• Any person elected as a speaker or chairman could resign from his party and rejoin the party if he demitted that post.
• A person shall not be disqualified if his original political party merges with another, and:
• He and other members of the old political party become members of the new political party, or

• He and other members do not accept the merger and opt to function as a separate group.

This exception shall operate only if not less than two-thirds of the members of party in the House has agreed to the merger. This exception provision was added by 91^st amendment act of 2003.

Who has the power to disqualify a MP on the ground of defection?

·   The decision on questions of disqualification on ground of defection is referred to the chairman or the Speaker of such House, and his decision is final.

·     If a complaint is received with respect to the defection of the Chairman or Speaker, a member of the House elected by that House shall take the decision.

Important judgments and rulings by Judiciary on the ambiguities of anti-defection law

On question whether the right to freedom of speech and expression is curtailed by the Tenth Schedule, the Supreme Court in Kihota Hollohon vs. Zachilhu and Others case 1993 held that the provisions do not subvert the democratic rights of elected members in Parliament and state legislatures. It does not violate their conscience. The provisions do not violate any right or freedom under Article 105 (Powers, privileges, etc…, of the houses of parliament and of the members and committees thereof) and Article194 (Powers, privileges, etc…, of the houses of legislatures and of the members and committees thereof) of the Constitution. In the same case SC also held that the provision of granting finality to the orders of the Speaker is valid. However, the High Courts and the Supreme Court can exercise judicial review under the Constitution. Judicial review should not cover any stage prior to the making of a decision by the Speakers/ Chairmen.

On question whether only resignation constitutes voluntarily giving up membership of a political party, the Supreme Court in Ravi S Naik vs. Union of India case 1994 held that the words “voluntarily giving up membership” have a wider meaning. An inference can also be drawn from the conduct of the member that he has voluntarily given up the membership of his party.

On question whether a member can be said to voluntarily give up his membership of a party if he joins another party after being expelled by his old political party, the Supreme Court in G. Vishwanathan vs. Speaker, Tamil Nadu Legislative Assembly case 1996 held that once a member is expelled, he is treated as an ‘unattached’ member in the house. However, he continues to be a member of the old party as per the Tenth Schedule. So if he joins a new party after being expelled, he can be said to have voluntarily given up membership of his old party.

On question whether a Speaker can review his own decision to disqualify a member under the Tenth Schedule; the Supreme Court in Dr. Kashinath G Jhalmi vs. Speaker, Goa Legislative Assembly case 1993 held that the Speaker of a House does not have the power to review his own decisions to disqualify a candidate. Such power is not provided for under the Schedule, and is not implicit in the provisions either.

On question when can a court review the Speaker’s decision making process under the Tenth Schedule, the Supreme Court in Rajendra Singh Rana and Others vs. Swami Prasad Maurya and Others case 2007 held that if the Speaker fails to act on a complaint, or accepts claims of splits or mergers without making a finding, he fails to act as per the Tenth Schedule. The Court said that ignoring a petition for disqualification is not merely an irregularity but a violation of constitutional duties.

Positives of 10^th schedule

1. It helps in reducing corruption on the floor of the house to some extent; by restricting inter party movement of MPs.
2. It provides stability to the government by preventing shift of party allegiance.
3. It promotes party discipline.
1. It ensures that candidates elected with party support and on the basis of party manifestoes remain loyal to the party policies.
2. It helps in maintain consensus among MPs of a single party on the floor of the house.
4. Lessen the burden of unnecessary election.
1. It facilitates democratic realignment of parties in the legislature in the form of merger of parties.

 Negatives of 10^th schedule

1. It only prevents individual defections and sanctions mass defection, in the name of mergers. It is said that “it banned only retail defection and legalized wholesale defection”.
2. It does not regulate the activities of MPs outside the House.
3. The phrase “voluntarily giving up membership” is too vague and needs comprehensive revision.
4. Unnecessary and unexplained difference between independent and nominated members in event of joining a political party.
5. It violates the basic principle of representative democracy.

In representative democracy the elected representatives are expected to act in public interest. But Anti Defection law breaks the link between the elected representative and his electors by empowering party over people. Individual legislator of a party is legally made powerless in front of the party high command.

Mere obedience of the despotic dictates of the party whips undermines the democratic sprit.

6. Doesn’t differentiate between dissent and defection. It curbs legislature’s right to dissent.

Lack of right to parliamentary dissent, is often regarded as the reason behind falling standard of debates inside the house as MP keep themselves away from expressing their independent view on government policies. Dr. Ambedkar is of view that “dissent leads to debate which in turn is lifeline of democracy”. Former president of India, Pranab Mukherjee, on his visit to Auckland in 2016 has stated that “Without dissent, parliamentary system is dysfunctional”.

Recommendations of various bodies on reforming the Anti-defection law

Dinesh Goswami committee on electoral reform (1990) recommended that

• Disqualification should be limited to cases where (a) a member voluntarily gives up the membership of his political party, (b) a member abstains from voting, or votes contrary to the party whip in a motion of vote of confidence or motion of no-confidence.
• The issue of disqualification should be decided by the president / governor on the advice of the Election Commission.

Halim Committee on anti-defection law (1998) recommended that

• The words ‘voluntarily giving up membership of a political party’ be comprehensively defined.
• Restrictions like prohibition on joining another party or holding offices in the government be imposed on expelled members.
• The term political party should be defined clearly.

170^th report of Law Commission recommended

• Provisions which exempt splits and mergers from disqualification to be deleted.
• Pre poll electoral front should be treated as political parties under anti defection law.
• Political parties should limit issuance of whip to instance only when the government is in danger.

Election commission is of the opinion that decision under 10^th schedule should be made by the president / governor on the binding advice of election commission.

The Venkatachaliah Commission recommended

• The defector should be barred from holding any ministerial or remunerative political office for the remaining term of the house.
• It also said that the vote of any defector should not be counted in a confidence or no confidence motion.

The National Commission for Review of Working of Constitution (NCRWC) recommended that every defecting member must go for re election so as to discourage mass defection.

91^st amendment act 2003 has further strengthened the anti-defection law by ensuring that the legislators who are disqualified on the ground of defection shall also be disqualified to be appointed as ministers and also disqualified to hold any remunerative political post.

There is no doubt anti defection law works best as an insurance against violation of the people’s mandate for a party, but it cannot be made a tool to stifle all dissent. It is vital that MP’s are not turned into party robots. In this context, Manish Tewari’s private member bill in 2010 which lapsed, without a discussion merits mention. He suggests that anti-defection law be restricted to votes of confidence and money bills. Such a move will retain the objective of maintaining the stability of the government while allowing MP's to vote freely (subject to the discipline of the party whip) on other issues.

In the U.K., Australia and the U.S., parliamentarians and senators often take positions contrary to their parties or vote against the party’s view, yet continue within the same party. Eg: Many labor party MP's criticized Tony Blair's foreign policy in Middle East in general and his participation in Iraq war in particular. When danger of democracy turning into dictatorship still haunts Indian polity, it is important that the right to dissent is secured effectively. Apart from political participation and institutional mechanisms, dissent and dialogue play a constructive impact on democracy.

How Cyclones are named ?

One may wonder, what's in a name of a cyclone, but as cyclone heads for a landfall, its name attains almost an iconic status. 

The naming of tropical cyclones is a phenomenon which began officially in 1945 under the aegis of the World Meteorological Organization (WMO). The cyclones were named after women such as Alice, Barbara, Carol, Dolly, Edna, Florence, Gilda, Hazel, Irene, Jill, Katherine, etc.... Subsequent protests by women's liberation bodies in the 60s and 70s helped change the naming procedure for the storms to include male names in 1978. By the beginning of 1980, both men and women's names were used to identify these cyclones. 

Why name cyclones?

Traditionally, cyclones were named by weather bodies, according to latitude-longitude method. But it was difficult to remember and communicate the names in numerical or combination of latitude-longitude data. Thus naming them after a person / flower /animal etc... makes it easier for the media to report on tropical cyclones, helps in quick information exchange between faraway stations, ships etc...., increases disaster risk awareness, community preparedness, management and reduction. It's also easier when you have more than one storm to track.

How are cyclones named?

Initially, a committee of WMO (World meteorological organization) started preparing and maintaining the names of cyclones of Atlantic Ocean. Then WMO divided the world Oceans into Basins and assign the responsibility of naming the Cyclones to the respective regional bodies. Today, there are 5 such regional bodies, called Regional Specialized Meteorological Centers (RSMC)

1. ESCAP/WMO Typhoon Committee : Its members are - Cambodia, China, Democratic People's Republic of Korea, Hong Kong,China, Japan (RSMC Tokyo Typhoon Center) Lao People's Democratic Republic, Malaysia, Philippines, Republic of Korea, Singapore, Thailand, USA (RSMC Honolulu - Hurricane Center), Vietnam .

2. WMO/ESCAP Panel on Tropical Cyclones : Its members are - Bangladesh, India (RSMC-Tropical Cyclones New-Delhi), Maldives, Myanmar, Oman, Pakistan, Sri Lanka, Thailand, Yemen ( added in 2016).

3. RA I Tropical Cyclone Committee for the South-West Indian Ocean : Its members are - Botswana, Comoros, France  (RSMC La Réunion Tropical Cyclone Centre), Kenya, Lesotho, Madagascar, Malawi, Mauritius, Mozambique, Namibia, Seychelles, South Africa, Swaziland, United Republic of Tanzania, Zimbabwe.

4. RA IV Hurricane Committee : Its members are - Antigua & Barbuda, Bahamas, Barbados, Belize, British Caribbean Territories, Canada, Colombia, Costa Rica, Cuba, Curaçao and Sint Maarten, Dominica, Dominican Republic, El Salvador, France, Guatemala, Haiti, Honduras, Jamaica, Mexico, Netherlands, Nicaragua, Panama, St. Lucia, Trinidad and Tobago, UK, USA ( RSMC Miami-Hurricane Center), Venezuela.

5. RA V Tropical Cyclone Committee for the South Pacific and South-East Indian Ocean : Its members are - Australia, Cook Islands, Fiji  (RSMC Nadi - Tropical Cyclone Centre), French Polynesia, Indonesia, Kiribati, Micronesia, New Caledonia, New Zealand, Niue, Papua New Guinea, Samoa, Solomon Islands, Timor Leste, Tonga, Tuvalu, United Kingdom, USA, Vanuatu.

These regional bodies follow their own rules in naming cyclones. Some rotate the same list every 6 years while some don't. Some alternate names between boy and girl, others don’t. But one rule that is common among all five bodies is, if a storm causes extreme widespread damage and deaths, its name is removed from the list so that it cannot be used again at least for 10 years for naming another cyclone. These names are then replaced with new names. The names are removed as a mark of respect to the dead. Eg: Katrina, Mitch and Tracy.

How are cyclones named around Indian Ocean?

For the Indian Ocean region, deliberations for naming cyclones began in 2000 and a formula was agreed upon in 2004. This region consist of eight countries - Bangladesh, India, Maldives, Myanmar, Oman, Pakistan, Sri Lanka and Thailand. Each nation prepares a list of 10 names which they think is suitable to be assigned to a cyclone. They select short names so that people can remember easily. Names are selected which are not associated with any person or religious or any controversial issue. Out of these, the governing body i.e India Meteorological Department (IMD) RSMC Mausam Bhavan in New Delhi, selects 8 names for each country and accordingly prepares and maintains 8 lists which consist of the names approved by the governing body.

From the above naming table, cyclones are re named in chronological order form each list, one after another. According to the list, the first cyclone which occurred in the Indian Ocean in the year 2004 was named Onil. The second cyclone to hit the Indian Ocean was named Agni which was a name submitted by India.

This method is only for North Indian ocean cyclones. In the Australian region they’ve separate system i.e. alternate naming after boy and girl, and so on..

Doka La Stand Off - A Flash Point between India & China

                             

Doka La ( A 269 square kilometer patch of Bhutan’s territory claimed by China ) is located over the Zom Cheri ridge in the southern tip of the Chumbi Valley where India( i.e at Sikkim), Bhutan and China Tri Junction meets. Doka La is the Indian name of the region which Bhutan recognise as Dokalam, while china claims it as part of its Donglang region. 

Historical Background of the Dispute

Doklam Plateau remained as a contested territory between Bhutan & China for long time since 1984. Bhutan claim Doklam as its territory but China has long eyed this area. China has been keen to establish its physical presence in a region that it claims belong to China according to 1890 Anglo - Chinese Convention. Both Bhutan and China have long discussed the dispute, over 24 rounds of negotiations that began in 1984. 

In the early 1990's Beijing have offered a "packaged deal" to Thimpu under which the Chinese agreed to renounce their claim over the 495 Sq km disputed land in the Pasamlung and Jakarlung valleys to the north, in exchange for 269 Sq km Doklam plateau. Bhutan government would relay to India as it had special relationship with India through Indo- Bhuttan Friendship Treaty which gives New Delhi great influence in managing Thimphu's foreign relations. India was able to convince Bhutan to defer any so called Package deal. Hence China committed through the bilateral agreements of 1988 & 1998 with Bhutan to respect the status quo and not to change the status quo unilaterally.

But things changed after India and Bhutan renegotiated their friendship treaty in 2007 which gave Thimphu more autonomy in their Foreign Policy. Post 2008, under Jigme Thinley ( Bhutan's 1st elected PM ) Bhutan moved closer to China. He even held a controversial meeting with then Chinese Premier Wen Jiabao in Rio de Janerio in 2012, suggesting that Bhutan was thinking of establishing Consular relation with China. It was some time during this period, the People’s Liberation Army (PLA) is understood to have started to built the dirt track at Doklam and the Bhutanese army appears not to have objected to it then. In 2013, Indian government's decision to withdraw energy subsidies to Bhutan on the eve of its general election contributed to Jigme Thinley's defeat. When the new PM Tshering Tobgay's government came to power, Bhutan came on board with India. China seems to have realized it could no longer press for so called "packaged deal" with Bhutan. 

What lead to the current conflict ?

June 2017 Chinese People’s Liberation Army (PLA) soldiers engaged in building road-works on the disputed Doklam plateau. China’s action of sending PLA construction teams with earth moving equipment to forcibly build a road upsets a carefully preserved peace and a direct violation of the 1988 and 1998 agreement between Bhutan and China. This is nothing but a yet another instance of Cartographic aggression by China. 

How did India got entangled in this conflict ?

In June 2017 Indian troops intervened to block the path of Chinese People’s Liberation Army soldiers engaged in building road-works on the Doklam plateau. India's involvement is aimed to prevent China from changing the status quo by building a road on territory claimed by Bhutan. 

The 220km Sikkim( India) -Tibet (China) section of the boundary was the only settled segment of the 3,488 km Sino-Indian border, It adheres to the Anglo - Chinese convention of 1890, signed between Britain and China. The exact location of the tri - junction is today in dispute. The Indian side puts it near Batang La, while China claims that it is located at Mt. Gipmochi further south. Bhutanese accept the fact that the tri - junction is at Batang La. It is India’s contention that an agreement was reached in 2012 that it would be finalized only after “consultations” with concerned countries. This led to stand - off between Indian army and PLA. 

Beijing responded by closing access to Indian pilgrims seeking to proceed through the Nathu La pass on to Kailash-Mansarovar. In fact During Chinese President Xi Jinping’s visit to India in 2014 the stretch was opened as an alternative route to Kailash Mansarovar for Indian pilgrims as a confidence-building measure. The Lipulekh route involves a treacherous trek of about 200 km, while Nathu La route call for trekking for only 35 km.  

                           

Why did Indian get Involved in this Bilateral dispute ?

• The unique Geo- Strategic position of the Chumbi vally. China is eyeing an opportunity to establish a strong presence close to the Indian border. Any change in the status quo would bring China within striking distance of India's vulnerable and slender "Chicken Neck Siliguri Corridor",a dangerous choke point which is the life line to India's North East. 
• India's Privileged relationship with Bhutan. Though the India - Bhutan friendship treat was revised in 2007 to give Thimphu more autonomy, still notes that the two countries "shall cooperate closely with each other on issues relating to their national interests" "neither Government shall allow the use of its territory for activities harmful to the national security and interest of other". By upholding the rights of its ally, India intend to convey the importance New Delhi attaches to its special relationship with Thimphu, as well as to signal that it intends to preserve its traditional military advantage in the over all Sikkim sector. 

However china does not recognise the India - Bhutan special relationship, Chinese believe that on their own they can make peace with Bhutan and it is India's Interference that is complicating the matter. 

Has Bhutan became an "egg between two rocks" ? How long can Bhutan stay with India in this stand off ? are certain fundamental questions that one may rise. Any change in the satus quo will hurt Bhutan first as it will lose very strategic territory and it will lose access to India. So for Bhutan too there are vital strategic interests involved in any compromise. Given such situation we can presume that Thimphu will stick to its ground along with India as there is convergence of strategic interests. 

What might have led to the stand-off?

• China's own global ambitions and its need to show its Asian neighbors its muscular might. 

• May be an account of Xi Jinping showing strength ahead of a possibly difficult Chinese Communist Party National Congress this October - November 

• The stand - off comes in a period when the wheels are coming off the India - China wagon. 

New Delhi has expressed disappointment over China’s rejection of its concerns on sovereignty issues involving CPEC (China Pakistan Economic Corridor), China's refusal to corner Pakistan on cross-border terrorism and China using technical hold in naming Masood Azhar (JeM head) as International terrorist in UNSC, China blocking India’s bid for NSG (Nuclear Suppliers Group) membership. 

On the other hand, Beijing is aggrieved by the Dalai Lama's visit to Tawang in Arunachal Pradesh in April 2017, India's aggressive repudiation of the Belt and Road Initiative (To recall, Bhutan was the only South Asian state that did not participate in the Belt and Road Forum in Beijing, along with India), India's forward leaning posture in South China Sea, India's cooperation with the U.S. and Japan on maritime issues like Malabar Exercise in the India ocean, The uptick in rhetoric, including statements from the Arunachal Pradesh Chief Minister questioning India’s “One China Policy” on Tibet, and from Army chief Bipin Rawat on India being prepared for a two-and-a-half front war.

Similar stand offs in the past 

• Sumdorong Chu crissis of 1986-87 which took place north of Tawang in Arunachal Pradesh which took 10 years to resolve.
• Daulat Beg Oldi stand off of 2013 near the Akasi Chin - Ladakh Line of Actual Control (LoAC) 
• Depsang Incursion in 2013 in Ladakh region 
• Chumar Stand off in 2014 in east Ladakh

What is the difference between previous stand off's and Doka La stand off ?

• Indian Army is involved in protecting the interest and rights of the 3rd country Bhutan. Since it happened at the tri - junction, in principle all three countries have to agree on the posts.
• The Present stand off represents a considerable change in the status quo, because to build a road represents a permanent presence.
• This time the focus is more on conflict management than on conflict resolution.
• The rhetoric emanated from China is very very heated and persisted for a longer time than usual. China had made the withdrawal of Indian troops a precondition for dialogue. This would be unacceptable to India, unless the PLA also withdraws its troops and road-building teams. 

According to Zorawar Daulet Singh, a fellow at center for policy research, New Delhi, what makes the crisis complicated compared to previous episode is the absence of an agreed definition of what is at stake. For China it is about "territorial sovereignty" for India it is about "security implication" emanating from a potential deeper Chinese foothold in the lower Chumbi Vally.  

Resolution of the stand off 

Despite the crescendo of rhetoric surrounding the crisis India used the "strategy of silence" and stood its ground firmly. There is no question of India bending to Chinese demands, for like in 1967. After almost 3 months of stand off, both side understood the " virtue of restraint " which lead to " De - escalation " of what could have been a serious crisis. The two sides agreed to step back and disengage, thus avoiding a confrontation. 

The Indian side has pulled back its personal to the Indian side of the boundary, while China have agreed to halt the road construction. However it is unclear, weather china will patrol the region, which it claims to have been doing earlier. India's patient state craft and deft diplomacy seems to have paid of at least for the moment even though its still a long way to go for the exit ramp.  

What prompted China to moderate its stand after weeks of high decibel propaganda?

• BRICS summit in China at this juncture will help consolidate China's informal leadership over the group, through which it is keen to fine tune its " Great Power Diplomacy". Any move by India not to participate in the BRICS summit in China will only hamper China's ambition.
• Trade and Economic factors - China's growth is actually declining, debt levels are dangerously high and labour is getting more expensive. At this moment, it is more than ever dependent on international trade and global production chains to sustain higher levels of GDP growth. Lets not forget the fact that India - China have a trade deficit of  $51.2 billion in chines favor.
• China may believe that, making necessary adjustment in Dokalam stand off would help China dilute global perceptions about its aggressive posture towards its neighbors.

But we cant draw any definite conclusion, the jury is still out  

Lessons from Doka La for India 

• It is very much evident that we live in a " Self help world ". It is important to note that none of the major powers unambiguously and unreservedly supported India's position in Doka La. Even Bhutan did not explicitly request military assistance from India. As Chinese scholar Long Xingchun confidently opines, " Though the U.S and other western countries have the intention to contain China through supporting India, they have a wide range of common interest with China" 
• India and China being in a state of " Competitive Coexistence ", China prefers to use its hard power ( economic incentives and military intimidation). China can always outspend us in "Check Book Diplomacy", India has to look to have other kinds of leverage. On the face of it India should convince its neighbors that India is big and brother and not big brother. 
• In the era of globalization, Zero Sum has given way for Non Zero Sum Game Theory. India's abstention from Belt and Road Initiative would only frustrate BRI, It will not derail it. So India needs to engage China more at several levels diplomatically, politically, multilaterally and economically.  
• As Happymon Jacob who teaches at JNU, New Delhi says "Hyper Nationalism does not pay when it comes to dealing with China. China is not Pakistan. Indian political parties cannot make any domestic gains by whipping up nationalist passion against China. India needs to engage China diplomatically to resolve outstanding conflicts rather than engage in war of words". 

The boundary stand-off with China at the Doka La tri-junction is by all accounts unprecedented. These problems are mainly of Beijing’s making, Increasingly driven by hyper nationalism, its foreign policy has excelled in the art of alienating potential friends. Bhutan’s sovereignty must be maintained as that is the basis for the “exemplary” ties between New Delhi and Thimphu. There is little to gain from escalation, and much to lose. The issues have to be addressed through sustained dialogue in a long run. 

Indo - Israel Relationship : A Changing Reality

Indo - Israel relationship had been a paradox in the past. India and Israel shares lot of similarities like both were former colonies of Britain, both suffer from colonial legacy of disputed borders, both the nations are islands of democracy in the middle of generally undemocratic regions, both the countries are surrounded by traditionally hostile states and are constant victims of state sponsored terrorism. Despite these similarities, New Delhi maintained an unsympathetic posture towards Israel from its earliest days. In 1947, India voted against the partition of Palestine at the United Nations General Assembly. India was the first Non - Arab State to recognize PLO (Palestinian Liberation Organization) as sole and legitimate representative of the Palestinian people in 1974. India was one of the first countries to recognize the State of Palestine in 1988. India's lens on Israel had been very clearly colored with ideological prism. Several other factors that compelled New Delhi to pursue an exclusively pro - Arab and thus pro - Palestinian foreign policy are

• In the era of cold war politics, India was a founding member of NAM, which coincided with Israel's invasion of Sinai(Egypt which was also a founding member of NAM) in 1956 and other wars in the following years 
• Fear of alienating its large Muslim population
• A desire to counter Pakistan’s influence in the Muslim world
• A need to garner Arab support for its position over the Kashmir issue
• India could not take the risk of loosing oil supply from the middle east Arab nations 

A host of developments in the early 1990's, notably the disintegration of USSR and the end of cold war , the relevance of NAM was started to be questioned more than ever before as India have liberalized its economy which requires India to move from Non Aligned to Multi Aligned approach. Additionally, the 1991 Madrid Peace Process and the consequent Oslo Agreement prompted India to conclude that if the Arab world and the Palestinian Liberation Organization (PLO) were now willing to negotiate with Israel, New Delhi had no reason to maintain the status quo. India also realized by this time that its longstanding and unqualified support for the Palestinians had reaped few. Such changes in the International politics forced New Delhi to re-calibrate its approach towards the region to reflect new international realities.

From the early 1990's, there has been a gradual shift in India's foreign policy calculation towards middle east. Abandoning ideology for pragmatism India started to improve its relation with Israel. Ideological constrains were sidelined and firmly placed its foreign policy in the realm of national interest. Embassies were opened in 1992 after full diplomatic relations were established. Ties between the two countries have flourished since then. Defence and Agriculture have been the main pillars of bilateral engagement. Another reason for this seemingly shift is India's intention of closer ties with USA and the belief that road to Washington is through Tel Aviv.

In recent years, bilateral ties have expanded and is embarking on a multidimensional “strategic partnership”

Defence component :

Defence sector has been guiding light in the development of relations. The earliest India-Israel defence collaboration took place during the 1962 Sino - Indian war when Israel provided military aid to India. Israel also helped India during its two wars with Pakistan in 1965 and 1971. India reciprocated by helping Israel during the six-day war in 1967 by supplying spare parts for French-made Mystere and Ouragan aircraft as well as AX-13 tanks. Israel supported India in Kargil war by supplying Laser guided missile which was a crucial support.

India is worlds biggest importer of defence equipment's and off late Israel has emerged as one of India’s most important sources of sophisticated military equipment and weapons systems. This fiscal year ( 2017) Israel will be India's number one arms supplier. Almost 40% of Israels arms production comes to India.

From Buyer-Seller relationship, today India and Israel are moving towards Joint production of defense equipment, like

The medium range surface-to-air missile missile (MR-SAM) 

• The MR-SAM has been developed jointly by Defence Research and Development Laboratory (DRDL), a laboratory of the DRDO in collaboration with Israel Aerospace Industries (IAI). 
• The missile consists of Multi-Functional Surveillance and Threat Alert Radar (MF-STAR) system for detection, tracking and guidance. The MR-SAM has strike ranges from 50 to 70 km. 
• Once inducted into Indian Armed forces, it will provide the users capability to neutralise any aerial threats. 

Long range surface-to-air missile (LR-SAM) Barak-8 

• Barak-8 (Lightning 8 in Hebrew) is long-range Surface to Air missile, designed and developed jointly by DRDO, Israel Aerospace Industries and Israel‘s Administration for the Development of Weapons and Technological Infrastructure. 
• It is 4.5-meter long and can carry a payload of 70 kilograms. 
• It has a speed of Mach 2. It has the capacity to identify and neutralize various forms of aerial threats such as rockets, UAVs, planes, helicopters in a single flight. 
• Barak-8 missile‘s most technologically advanced aspect is its ability to intercept missiles aimed at sea-bound vessels. 

such Joint production of defense equipment dovetails well into India’s ‘Make in India’ initiative and attaining strategic independence in defense equipment.

When it comes to Homeland Security, Israel has one of the best intelligence system in the world. Sharing of such information would lead to much safe and secure India. Thus it will help in counter terrorism in India. Israel’s knowledge and technology related to ports can be helpful to India

Integrated Underwater Harbour Defence and Surveillance System (IUHDSS) 

• Designed by Israel Aerospace Industries (IAI).
• Consists of advance sensors, coastal surveillance radars and sound navigation and ranging systems (SONAR).
• Capable of detecting, tracking, identifying and generating warning for all types of underwater and surface threats to harbour security.
• The integrated system can detect presence of divers and under water threats with the help of this automatic system.
• Indias first Integrated Underwater Harbour Defence and Surveillance System (IUHDSS) was commissioned in Kochi, Kerala.

Economic Component :

The bilateral trade has increased from $200 million in 1992 (comprising primarily trade in diamonds) has reached $5.19 billion in 2011. Since then it has stagnated around $4.5 billion.The diamonds constitutes close to 50% of bilateral trade between both countries. In recent times trade has diversified into several sectors such as agriculture, pharmaceuticals, IT and telecom and homeland security. Major exports from India to Israel include precious stones and metals, textiles and textile articles, chemical products, plants and vegetable products, and mineral products. Major imports by India from Israel include precious stones and metals, chemicals (mainly potash) and mineral products, base metals and machinery and transport equipment

Since 2010 the two sides are negotiating an FTA covering trade in goods and service 

TCS started operation in Israel in 2005 and State Bank of India (SBI) opened a branch in Tel Aviv in 2007 

Other areas of co operation are :

Agriculture and Water Management

One of the first few person to be sent to Israel by then Indian P M Narashima Rao was M S Swaminathan. India being an extremely water stressed nation can derive great benefit from Israel's pioneering use of noval irrigation and water desalination techniques. Israel recycles 86% of its waste water, half of farm water comes from recycled water. There is enormous potential for Israeli investment in fields such as renewable energy and water management especially drip irrigation and desalination

Space Co-operation

In 2008 , ISRO (Indian Space Research Organisation) placed an Israeli reconnaissance satellite (TecSAR) into orbit 

What is missing in India - Israel relationship?

People to people contact ( Tire 3 diplomacy ) is week, Business relationship excluding defence is very small ( only $5 billion ). There are approximately 80,000 Jews of Indian origin in Israel, most of whom are now Israeli passport holders. No two countries can maintain good relationship purely on an Inter Governmental level alone, it has to be backed by people to people relationship and cultural diplomacy.

All the while India have not abandoned Palestine, India continues to maintain close ties with Palestine. What India have done successfully is to de-hyphenate India's relation with Israel and Palestine, a process that began in 1992. All this only means that India - Israel relationship should not be see through the lens of Palatine. India continue to give  principled support for Palestine cause, In 1996 India opened Representative Office in Gaza. In 1999 India Co-Sponsored draft resolution on right of Palestinians to self determination. In 2003 India voted against building of separation wall by Israel. In 2011 India voted to admit Palestine as full member of UNESCO. In 2012 India voted to grant Palestine non- member observer status at UN. India have also condemned the disproportionate use of force in Gaza earlier in 2014. However India abstained from voting against Israel in a resolution related to strikes in Gaza over a period of two months in 2014. With the Government of India’s aid, two projects were completed in the field of higher education i.e. Jawaharlal Nehru Library at the Al Azhar University in Gaza city and the Mahatma Gandhi Library cum Student Activity Centre at the Palestine Technical College at Deir Al Balah in the Gaza Strip. Under India - Brazil - South Africa (IBSA) Forum’s assistance, an Indoor Multi purpose Sports Complex has been constructed in Ramallah. Al Quds hospital in Gaza is in the process of reconstruction and the process of building a rehabilitation center in Nablus has started. Trade between India and Palestine has shown steady improvement. Indian PM Modi hosted Palestinian president Mahmoud Abbas in New Delhi in 2017. India’s skillful balancing act between its Israeli and Palestinian counterparts is an enlightening illustration of the transformation Indian foreign policy has experienced since the end of the Cold War.

PM Modi visit to Israel 2017 

• 1st by Indian PM in 25 years since we established full diplomatic ties with Israel 
• In a departure from norm - official meetings were held at Jerusalem's King David Hotel, where PM Modi stayed 
• PM visited Yad Vashem memorial( Israels largest Holocaust memorial) and honoured the victims of Holocaust 
• PM saluted the Indian soliders who laid down their lives protecting the Israeli city of Haifa during 1st World War from ottoman empire force (Dalpat Singh - Known as Hero of Haifa)
• Israeli flower Chrysanthemum will now be called Modi 

Agreements signed 

• Strategic Partnership on Non- Security issuess including Agriculture, Water Managment, Science & Technology, Space and Tourism 
• Israel to help secure food security in India 
• 40 $ million joint fund for research and development in innovation 
• Both agreed that strong measures should be taken against terrorist, terro orgnisation, their network and all those who encourage terror 
• Bharat Forge and IAI (Israaeli Aircraft Industry) have signed an MoU to expand the joint venture that the companies are establishing as part of an agreement meant to build, develop, manufacture and market selected air defence system and light weight special purpose munitions  

PM Modi's visit to Israel only made the de- hyphenation which began in 1992 blatant and conspicuous. India have reached that sense of political confidence in our relationship with both the Israel and the Palestine where we feel we can work with them independent of each other. 

Is Israel Indian's ‘Natural Allies ?

Diversified relationship (Including Defence, Nano - Technology, Space Research and a understanding on Counter-Terrorism) that India share with Israel may tempt one to call Israel a "Natural Allies". But India should continue its Multi-vectored approach towards its diplomacy and build multiple alliances and resist the temptation to call Israel as its natural ally for the following reasons.

• India needs the help of Saudi Arabia as much as Israel to counter terrorism.
• If India wishes to be a permanent member of the UNSC , it needs to have consistent stand against human rights violations. Such stand may impact its support among various countries for permanent member of UNSC.
• Our economy is heavily dependent on the oil & petroleum from the Islamic nations of west Asia. Millions of Indians work and send back billions of dollars to India as remittances. We have a lot of goodwill among these Islamic nations generated over the decades, which was visible during Operation Raahat – evacuation of Indians from Yemen.
• Iran, the Israel’s natural enemy is the only possible land route to India to reach the resource rich Central Asia in case the situation in Afghanistan goes against Indian interests
• With China increasing its presence in west Asia, it is imperative that we maintain our goodwill.

So for the above reasons, India’s national interest is better served by building multiple alliances and leverages than proclaiming Israel as its natural ally. 

Palestinian national movement have split in to two, One is the secular one based on the PLO and the other is the Hamas, which is built around the Muslim Brotherhood. India remain uncomfortable with the Hamas. India is very much focused on the Palestinian Authority which is now in a quasi alliance with the Israeli government, so now India have a situation in which, Palestinians with whom India are comfortable with are not all that uncomfortable with India's relationship with Israel, which makes things easier for India, so the challenge for Indian diplomatic community is not about balancing Israel and Palestine as Middle East politics and diplomacy is no longer Israel-Palestine centric it is becoming sectarian in nature with new emerging fissures and issues. 

The real challenge lies in how well India balance its relations with Israel and Iran. When ever India gets closer to Israel, Iran gets more and more uncomfortable and vice- versa. Iran is crucial in India's Geo Strategic calculations. Iran is crucial for India's transit access to the gas rich Central Asia. India's involvement in the construction of the Chabahar port in the Gulf of Oman shows that India is trying to secure some of its influence in the region to counter balance Chines presence in Gwadar port of Pakistan. Iran is very important for India's energy security as an important source of crude oil. The challenge therefore for India is to balance the relations in such a way that neither Israel nor Iran feel offended leading to the ties being affected. It is a challenge for diplomatic community as well as government to indulge in this delegate balancing act. Lets hope that India's fate is not to choose between Iran and Israel. Its not Israel or Iran, Its Israel and Iran that will be in India's best interest. 

Debating Death, Euthanasia Is a Mercy or Killing ?

Euthanasia is a very very sensitive, highly emotive and legally complicated issue which has polarised the world.Euthanasia is a controversial subject, not only because there are many moral dilemmas associated with it, but also in what constitutes its definition.

What is Euthanasia? 

           The word euthanasia is derived from the Greek words "eu" means "good" and "thantos" means "death", i.e euthanasia means good death. Euthanasia is the practice of intentionally ending a life in order to get relief from unendurable pain and suffering.

The World Medical Association( WMA ) has defined euthanasia as "deliberate and intentional action with a clear intention to end another person's life under the following conditions:

The subject is a competent informed person with incurable illness who voluntary  asked for ending his life.

The person who is acting knows about the state of this person and about his wish to die and is doing this action with an intention to end life of this person, the action is done with compassion and with out any personal profit "

Different forms of Euthanasia

1. Euthanasia on the basis of consent

Voluntary Euthanasia :

           Euthanasia conducted with the consent of the patient. i.e with the will of the patient, when he is in a capacity to will. Voluntary Euthanasia is legal in Belgium, Netherlands, Luxembourg, Colombia.  

Non - Voluntary Euthanasia :

           Euthanasia conducted where the consent of the patient is unavailable, i.e when the patient is not capable enough to give his consent ( Eg: when a patient is in coma or A child, who is mentally and emotionally able to take the decision but is not regarded in law as old enough to take such decision) an appropriate person (Eg: family, next friend, doctor) takes the decision on their behalf. Non - Voluntary euthanasia is illegal in most of the countries. 

Involuntary Euthanasia :

            Euthanasia conducted against the will of the patient, i.e a patient who can give his consent and is giving his/her consent that he/she wants to live but others are forcing the patient to die. Involuntary euthanasia is usually considered as murder and is illegal in all the countries. 

Doctor assisted suicide :

            It is also called as physician assisted suicide. This is very close to voluntary euthanasia but in this case the doctor gives the facilities to the patient who chooses when to do it and whether they really want to do it or not. Some doctors have machines to assist euthanasia. They prepare the machines and insert the needle in the patient’s vein and the patient then only has to press a button to allow the drugs to flow through his blood stream. It may be something as simple as getting drugs for the person and putting those drugs within their reach.

       
          Physician assisted suicide is legal in Switzerland, Germany, Canada, Japan and in some states of USA like Washington, Oregon, Montana, California etc....

        Some European countries are even having Suicide Tourism or Euthanasia Tourism( It is a term used to describe the practice of potential suicide candidates travelling to a jurisdiction to commit assisted suicide or suicide, where it is legal ). Between 2008 and 2012, 611 "tourists" came to Switzerland ( especially to the state of Zurich ) for assisted suicide, according to the published analysis. They arrived from 31 countries around the world, though the majority were from Germany and the United Kingdom. In the United Kingdom, Ireland and France, assisted suicide is illegal. "In the UK, at least, 'going to Switzerland' has become a euphemism for assisted suicide

2. Euthanasia on the basis of nature of act 

Voluntary, non-voluntary and involuntary euthanasia can all be further divided into

Active Euthanasia :

          Death is brought about by an act of commission, i.e A person ( who may be a doctor) directly and deliberately causes the patients death. This may be done in many different ways, such as administering a lethal injection, overdose of drugs, etc...

Passive Euthanasia :

          It is an act of omission, i.e stop doing something that would delay death, like withdrawal of life support system, putting off ventilator, stop giving food and water, not carrying surgery which will extend life. In this case deliberate effort to end the life was not done but at the same time no effort has been made to save patient life. 

One school of thought is of that opinion that there is no difference between Active and Passive euthanasia but other school is of the opinion that the distinction between active and passive euthanasia is morally significant, It is the same difference between love making and rape. 

The Ethics of Euthanasia

            

            Euthanasia is not a new concept in the medical fraternity, it was practiced in ancient Greek and Rome where Pagan physician used to perform frequent abortion, infanticide, voluntary and involuntary euthanasia by giving poison to the people as per their choice.

Nazi euthanasia program ACTION T4 in which 70,000 disabled, handicapped Germans were killed by active euthanasia. As per the Nzai empire the state has the right to control the life and death of its subject.

The idea of euthanasia began gaining ground in modern times in the mid 19th century with the discovery of new drugs, such as morphine(used to treat moderate to severe pain) and various anesthetics( Drug that causes unconsciousness or a loss of general sensation ) for the relief of pain, that could also painlessly induce death)

Traditionally, in most countries with a Christian tradition, euthanasia and physician assisted suicide was a morally condemned practice due to the sanctity of human life. Majority Hindu culture believe euthanasia upsets the reincarnation cycle and amounts to meddling with the divine. The proponents of Divine Command Theory are of the view that it violates god's authority over life and interfere with god's plan. According to this school, euthanasia or suicide violates duty to god and natural law. The other school within the religious tradition is of the view that euthanasia is morally acceptable if no damage is done to others.

However, the emergence of secular pluralistic societies gave a different meaning to the concept of personal autonomy, and the right to self-determination. According to this school Individual choice should be respected. Who is the government or church or family or any one else to decide, whether or not one take ones own life. Who owns me? I own my self, someone refusing to end my suffering is like some one telling me, I cant do something with my own property. The critic of this school is of the opinion that concept of personal autonomy and self determination will place society on a slippery slope that leads to detrimental social consequences. It will always be difficult to implement strong mechanisms of supervision and control with the potential for abuse of vulnerable populations. They rise certain fundamental questions like, A teen age boy so destroyed that he broke up with his girl friend , do we let that guy die? In many countries of the world(including India) do not have proper public health care system for terminally ill patients, in that case should we leave economics to determine their personal autonomy and right to self determination? 

The liberty Limiting principle school argues that one should not be allowed to kill an innocent person including himself. This school advocates for law forcing people to wear helmet while driving two wheeler, buckling their seat belts while driving a car, etc.... The critics of this school asks, what about terminally ill patients who is undergoing immense pain, what about comatose patients? It is cruel and inhuman to refuse the plea of terminally ill patients. Many patients claim euthanasia because of their incapacity to engage in activities that give their life meaning. 

From a utilitarian perspective, James Rachels in his book “The Elements of Moral Philosophy” suggested that euthanasia is  “The morally right thing to do, on any occasion, is whatever would bring about the greatest balance of happiness over unhappiness, On at least some occasions, the greatest balance of happiness over unhappiness may be brought about by mercy killing " 

From a strict medical ethics perspective, international guidelines following the Hippocratic Oath and the World Medical Association Declaration of Geneva still consider euthanasia and physician-assisted suicide as a orally forbidden practice. But ethics in medicine cannot stay completely static because social values evolve steadily by themselves.In the last decades the sociological background of many countries has changed dramatically, namely increase in life expectancy, decreased influence of religion, The nuclear family and substantial decrease of the birth rate and consequent breakdown of traditional family social security to the older family members especially with chronic and terminal conditions. So the goal should be to allow some responsiveness of medical ethics, so it can adapt to specific cultural settings.

Society for right to die with dignity in Mumbai interviewed 200 doctors, to find out about the acceptability of euthanasia in the medical fraternity, 78% believed patient should have right to choose in case of terminal illness, while 74% were in favor of passive euthanasia when death is imminent. 

Practical arguments for and against euthanasia

For        : To relieve a pain full death is an act of compassion and humanity 

Against : Not all deaths are painful. Proper palliative care makes euthanasia unnecessary.

Against : Neglect of Healthcare by State. If euthanasia is legalized, then there is a grave apprehension that the State may refuse to invest in health (working towards Right to life), it will discourage the search for new cures and treatments. Legalized euthanasia has led to a severe decline in the quality of care for terminally-ill patients in Holland. It may also undermines the commitment of doctors and nurses to saving lives.

For      : Encouraging Organ Transplantation, Euthanasia in terminally ill patients provides an opportunity to advocate for organ donation. This in turn will help many patients with organ failure waiting for transplantation. Not only euthanasia gives ‘Right to die’ for the terminally ill, but also ‘Right to life’ for the organ needy patients.

Against : Commercialization of Health Care, Passive euthanasia occurs in majority of the hospitals across the county, where poor patients and their family members refuse or withdraw treatment because of the huge cost involved in keeping them alive. If euthanasia is legalized, then commercial health sector will serve death sentence to many disabled and elderly citizens of India for meager amount of money.

For      : Right to refuse medical treatment is well recognized in law, including medical treatment that sustains or prolongs life.The caregiver’s burden is huge and cuts across various domains such as financial, emotional, temporal, physical, mental and social.

Against : Miss use of law, In the era of declining morality and justice, there is a possibility of misusing euthanasia by family members or relatives for inheriting the property of the patient. It may be used as an opportunity to unscrupulously eliminate unwanted people, eg: elderly, mentally retarded, convicts and socially unwanted. 

For       : Lets not confuse the abuse with the use 

Two famous personality who have gone for active voluntary euthanasia were Poet Dylan Thomas and the father of psychoanalysis Sigmund Freud

"Final Exit: The Practicalities of Self-Deliverance and Assisted Suicide for the Dying" is a controversial 1991 book by Derek Humphry (A newspaper journalist and author who helped his wife, Jean, kill herself with an intentional overdose of medication after a long and painful decline from terminal cancer. Humphry wrote the book as a how-to guide for terminally ill people who wish to kill themselves)

Dr. Jack Kevorkian an euthanasia activist often portrayed in the media with the name of Dr. Death invented a machine called Thanatron (A euthanasia device engineered to allow an individual to die quickly with minimal pain).

He claimed to have assisted at least 130 terminally patients to end life.He was sentenced to 8 years imprisonment on the charge of 2nd degree murder.

Compatibility of Euthanasia within Indian legal & constitutional setup 

             Voluntary and non - voluntary euthanasia can be compared with section 309 of IPC ( attempt to commit suicide ) and Article 21 of Indian constitution, Involuntary euthanasia can be compared with section 307 of IPC ( attempt to murder )

Most of the fundamental rights along with the positive connotation, also have a negative connotation attached to it. For eg: Article 19 of the Indian constitution confers "right to freedom of speech & expression", at the same time this right also confers right to remain mute, i.e "right not to speak & express". Similarly, the question whether the "right to life" under Article 21 also includes, "right not to live", i.e "right to die" came up for consideration before judiciary   

Maruthy Sripati Dubal vs State of Maharashtra (1986) Case

            In this case a Bombay police constable who was mentally ill was refused permission to set up a shop and earn a living. Out of frustration he tried to set himself on fire outside the office of the municipal commissioner, Greater Bombay

            The Bombay High Court held that the "right to life" guaranteed by Article 21 includes a "right to die" and consequently the court struck down section 309 of IPC ( which provides punishment for attempt to commit suicide) as unconstitutional.

Chenna Jagadeeswar vs state of Andhra Pradesh (1988) Case 

         In this case Andhra Pradesh High Court held that right to die is not a fundamental right within the meaning of Article 21 and hence upheld the constitutional validity of section 309 of IPC

P.Rathinam vs Union of India (1994) Case

           A division bench of Supreme Court held that a person has a "right to die" and declared section 309 of IPC as unconstitutional. The court held that section 309 of IPC as "right to life which Article 21 of the constitution speaks of can be said to bring in its trial the right not to live a forced life", "Section 309 of IPC deserves to be effaced from the statue book to humanize our penal laws. It is a cruel and irrational provision and may result in punishing a person again ( doubly ) who has suffered agony and would be undergoing ignominy because of his failure to commit suicide"

          However, the court rejected the plea that euthanasia should be permitted by law because in euthanasia a third person is either actively or passively involved about whom it may be said that he aids or abets the killing of another person. There is a distinction between an attempt of a person to end his life and action of some other person to bring to an end the life of a third person. 

Gian Kaur vs State of Punjab (1996) Case 

         A five judge constitution bench of the Supreme Court has overruled its earliest judgment in P.Rathinam vs Union of India and held that " right to life" under Article 21 of the constitution does not include "right to die" or "right to be killed". 

        Delivering judgement Mr Justice J S Verma observed "right to life" is a natural right embodied in Article 21 but suicide is an unnatural termination of extinction of life and, incompatible and inconsistent with the concept of "right to life". The court accordingly held that section 309 of IPC is not violative of Article 21 of the constitution. 

Nikhil Soni vs Union of India (2015) Case

       Santhara or Sallekhana is a Jain religious practice of voluntary fasting to death by gradually reducing the intake of food and liquid after taking a vow of santhara. There are similar practice in other religions like Prayopavesa in Hinduism, Sokushinbutus in Buddhism

       A case was filed in Rajasthan High Court, The petitioner cited Santhara as a suicide and thus punishable under Section 309 of IPC and those who help facilitate the death of individuals observing Santhara under Section 306 of IPC. 

      The Rajasthan High Court banned the practice in August 2015 making Santhara punishable under Section 306 and 309 of IPC. The court stated that "the constitution does not permit nor include under Article 21 the right to take ones own life, nor can it include the right to take life as an essential religious practice under Article 25 of the constitution". The court further added that it is not established that Santhara is an essential practice in Jainism and therefore not covered by Article 25. 

      A batch of appeals were filed in the Supreme Court against this order. The petition by Akhil Bharat Varshiya Digambar Jain Parishad stated that Santhara was not an act to terminate one's life but a vow to purify the soul from the karmas, and it could not be equated with the offence of suicide. The appeal claimed it was unwise and improper to link a sacred practice of the Jain religion premised on ahimsa, with suicide 

      The Supreme Court on 31st August 2015, lifted the ban on practice of Santhara and stayed the Rajastan High Court order which had declared the Santhara a Penal Offence. The bench also admitted the appeal for hearing and granted leave. This means that the matter will come up for hearing only after other older appeals are decided.      

Aruna Shanbag vs Union of India (2011) Case 

       Aruna Shanbag was a junior nurse at King Edward Memorial Hospital at Parel, Mumbai, while working she was sexually assaulted by a ward boy and remained in a vegetative state following the assault 

        On behalf of Aruna, her friend Pinki Virani, filed a petition in the Supreme Court arguing that the "continued existence of Aruna is in violation of her right to live in dignity". The nursing staff at KEM Hospital and the Bombay municipal corporation filed their counter petition in the case, opposing euthanasia for Aruna. The nurse at KEM Hospital were quite happy to look after Aruna, as they had been doing that for years.   

        Euthanasia is based on two different and conflicting philosophy of humanism on the one hand and compassion on the other hand. Compassion was shown by KEM Hospital nursing staff and Pinki Virani was the protagonist of humanistic view which give importance to human dignity. 

       On 7th March 2011, Supreme Court bench of Justice Markandey Katju and Justice Gyan Sudha Misra gave its landmark Judgement.The reviewing the stellar care given at KEM Hospital, gave a clear verdict that the nurse were the "next friend" of Aruna. The court rejected the plea to discontinue Aruna's life in support and active euthanasia by means of lethal injection but the Supreme Court of India passed a historic judgement-law permitting Passive Euthanasia in the country. As India had no law about euthanasia, the Supreme Court’s guidelines are law until and unless Parliament passes legislation. The following guidelines were laid down by court:

• A decision has to be taken to discontinue life support either by the parents or the spouse or other close relatives, or in the absence of any of them, such a decision can be taken even by a person or a body of persons acting as a next friend. It can also be taken by the doctors attending the patient. However, the decision should be taken bona fide in the best interest of the patient.

• Even if a decision is taken by the near relatives or doctors or next friend to withdraw life support, such a decision requires approval from the High Court concerned.

• When such an application is filled, the Chief Justice of the High Court should forthwith constitute a Bench of at least two Judges who should decide to grant approval or not. A committee of three reputed doctors to be nominated by the Bench, who will give a report regarding the condition of the patient. Before giving the verdict, a notice regarding the report should be given to the close relatives and the State. After hearing the parties, the High Court can give its verdict

The Supreme Court specified two irreversible conditions to permit Passive Euthanasia Law in its 2011 Law:

• The brain-dead for whom the ventilator can be switched off.
• Those in a Persistent Vegetative State (PVS) for whom the feed can be tapered out and pain-managing palliatives be added, according to laid-down international specifications.

        Aruna Shanbag died from pneumonia on 18th may 2015, after being in a Persistent Vegetative State for nearly 42 years.          

     
What is Living Will ?
           A living will, which is also called as Advance health care directive, is a document that lets people state their wishes for end-of-life medical care, in case they become unable to communicate their decisions.It can give invaluable guidance to family members and healthcare professionals if a person can’t express his or her wishes. Without a document expressing those wishes, family members and doctors are left to guess what a seriously ill person would prefer in terms of treatment. It has no power after death.

          An NGO called Common Cause petitioned the Supreme Court to make living will a legal document and include right to die with dignity a part of right to life.

            The five-Jude Constitution bench of Supreme Court sought the Centre’s response on living wills. The Government sought time to consider the report of the Law Commission on the issue, in order to prepare a Bill to facilitate passive euthanasia. The Constitution bench decided to put living will into cold storage by agreeing with the Government that the hearing of the case must be deferred to enable consideration of a legislation to legalise passive euthanasia.

          Government in a quest for a legislative framework said it was open to making a law on the subject. The law commission too has proposed a legislation on “passive euthanasia”, it said, According to the Center, the decision to come out with a bill was taken after considering the directives of the apex court, the law commission’s 241st report and a private member bill introduced in Parliament in 2014. The Center said that initially, a meeting was held under the chairmanship of B.P. Sharma, secretary in the health and family welfare ministry in 2015, to examine the draft of The Medical Treatment of Terminally Ill Patients (Protection of Patients and Medical Practitioners) Bill and the draft of The Euthanasia (Regulation) Bill. This move to introduce a bill is a welcome step to clear the grey areas in Euthanasia debate. Indeed, there is a difference between the moral acceptance of a practice and its legalisation. Legalisation implies a social shift in fundamental values because any law has a specific set of ethical principles in its internal framework.

           The Constitution of India reads ‘right to life’ in a positive direction of protecting life. Hence, there is an urgent need to fulfill this obligation of ‘Right to life’ by providing ‘food, safe drinking water and health care’. Governments ‘Jan Aushadhi Scheme’ to make available quality generic medicines at affordable prices to all, especially the poor, throughout the country is a step in the right direction. On the contrary, most of the States till date have not done anything to support the terminally ill people by providing for hospital care. If the State takes the responsibility of providing reasonable degree of health care, then majority of the euthanasia supporters will definitely reconsider their argument. Investment in health care is not a charity; ‘Right to Health’ is bestowed under ‘Right to Life’ of our constitution.