Senicide is the practice of suicide or killing of aged persons. And one can find this kind of practice at Tamil Nadu in India in the name of Thalaikoothal. Thalaikoothal is the practice of killing elderly people of the family. Thalaikoothal is a Tamil word which means “leisurely oil bath”. And the methods which are used for the killing of the aged person in the name of Thalaikoothal are not only painful but it’s against the entire humanity. Ethically, morally and legally such practices should be stopped as they violate Article 21 of the Indian Constitution and it’s against the mankind. According to Article 21 of Indian Constitution, “No person shall be deprived of his life or personal liberty except according to procedure established by law”. Right to life under Article 21 does not include the right to die. Right to life is a natural right. Even in India only passive euthanasia is permitted and not Active euthanasia.
The question regarding Right to die first time came before Bombay High Court in State of Maharashtra v. Maruty Sripati Dubal 1987 Cri LJ 743. And in this case the court declared that the Right to Life includes the Right to die, thus making Section 309 of Indian Penal Code, 1860 which makes attempt to suicide as punishable offence unconstitutional. But the Supreme Court in Gian Kaur v State of Punjab (1996)2 SCC 648, held that Right to life does not include “Right to die” or “Right to be killed”. Thus, attempt to suicide is a punishable offence under section 309 of Indian Penal Code, 1860. Right to life is a natural right and right to die is not a natural right and no one has a right to finish their life in unnatural way. Thus, the practice of Thalaikoothal is illegal and unethical.
Table of Contents
INTRODUCTION
PRACTICE OF SENICIDE BY CULTURE
PRACTICE OF SENECIDE IN INDIA
REPORTS AND ARTICLE ON THALAIKOOTHAL
WHEN CUSTOM CAN BECOME A LAW
VALIDITY OF THALAIKOOTHAL
EUTHENESIA
WHETHER SANTHARA TO BE ALLOWED OR NOT?
SUGGESTIONS
CONCLUSIONS
Research Objectives and Themes
This paper examines the unethical and illegal practice of "Thalaikoothal," a form of senicide prevalent in parts of Tamil Nadu, India, where elderly family members are killed under the guise of tradition. The research investigates the socio-economic drivers of this practice, its conflict with the constitutional right to life, and the legal implications regarding euthanasia and suicide.
- Analysis of cultural manifestations of senicide in India and globally.
- Evaluation of the legal validity of traditional practices against statutory law.
- Critique of Thalaikoothal in the context of the Indian Constitution and Article 21.
- Examination of the legal status of euthanasia and the "right to die."
- Discussion on the conflict between religious practices and human rights protections.
Extract from the Book
PRACTICE OF SENICIDE BY CULTURE
During the migration period ( around 400 to 800 CE), Heruli a tribe from Germany use to practice senicide by placing the sick and elderly person on a long stack of wood and after that they stabbed them to death before setting the pyre alight.
Even in modern India, Senicide is currently practiced in Tamil Nadu. The traditional practice of senicide by the family members is called Thalaikoothal. Thalaikoothal is Tamil word which means “leisurely oil bath”. This is a process in which “an extensive oil bath is given to an elderly person before the crack of dawn. The rest of the day, he or she is given several glasses of cold tender coconut water”. By doing this the temperature of the body falls suddenly and causing high fever which leads to the death of the old aged person within 1- 2 days.
Again Inuit a group of peoples inhabiting in the Arctic regions of Greenland, Canada, and Alaska also use to practice senicide. A common belief is that, the Inuit would leave their elderly on the ice to die. Senicide among the Inuit people was rare, except during famines. The last known case of an Inuit senicide was in 1939.
Again Ubasute (abandoning an old woman) a custom which is practices in Japan, in the distant past, whereby an infirm or elderly relative was carried to a mountain, or some other remote, desolate place, and left there to die.
Summary of Chapters
INTRODUCTION: Defines senicide as the killing of elderly family members and notes its presence in various past and present cultures.
PRACTICE OF SENICIDE BY CULTURE: Outlines historical and global examples of senicide, including the Heruli tribe, Inuit practices, Ubasute in Japan, and Thalaikoothal in India.
PRACTICE OF SENECIDE IN INDIA: Details the specific methods of Thalaikoothal in Tamil Nadu and explores the socio-economic justifications and documented cases.
REPORTS AND ARTICLE ON THALAIKOOTHAL: Discusses media investigations and official findings regarding the prevalence and motivations behind these ritual killings.
WHEN CUSTOM CAN BECOME A LAW: Lists the legal criteria required for a custom to be recognized as law and argues that Thalaikoothal fails these requirements.
VALIDITY OF THALAIKOOTHAL: Analyzes the practice in the context of Article 21 of the Indian Constitution, concluding it is unconstitutional.
EUTHENESIA: Explores the definition of euthanasia and differentiates between active and passive forms, highlighting the legal limitations in India.
WHETHER SANTHARA TO BE ALLOWED OR NOT?: Addresses the ethical and legal complexities of the Jain religious practice of Santhara in relation to the right to life.
SUGGESTIONS: Proposes government and social interventions, including better protection for the elderly and stricter law enforcement.
CONCLUSIONS: Summarizes that human life is a natural process and advocates for treating the elderly with dignity rather than subjecting them to lethal traditional practices.
Keywords
Thalaikoothal, Euthanasia, Senecide, Suicide, Murder, Indian Constitution, Article 21, Human Rights, Elderly Care, Traditional Practices, Poverty, Law, Santhara, Culpable Homicide, Ethics.
Frequently Asked Questions
What is the primary subject of this research paper?
The paper focuses on the practice of Thalaikoothal, a form of senicide or the killing of the elderly, which still occurs in certain districts of Tamil Nadu, India.
What are the main thematic areas covered?
The paper covers the cultural history of senicide, the legal conflict between tradition and constitutional rights, the definition of euthanasia, and the ethics of end-of-life practices.
What is the core research question or objective?
The objective is to expose the illegality and unethical nature of Thalaikoothal, arguing that it violates the Indian Constitution and human rights standards.
Which legal framework is used to evaluate these practices?
The author primarily uses the Indian Constitution, specifically Article 21 (Right to Life), and provisions of the Indian Penal Code, such as Section 300 (Murder) and Section 306 (Abetment of Suicide).
What topics are explored in the main body of the work?
The main body examines case studies, global cultural comparisons of senicide, the legal validity of customs, the distinction between active and passive euthanasia, and the Jain practice of Santhara.
Which keywords define this work?
The work is defined by terms like Thalaikoothal, Senecide, Euthanasia, Indian Constitution, Human Rights, and Culpable Homicide.
How does the author view the justification of poverty for this practice?
The author acknowledges that poverty is the primary driver but argues that it does not justify violating the fundamental human right to life and that the state must intervene to protect the vulnerable.
Why is the case of "Aruna Ramchandra Shanbaug" significant to this study?
It is significant because the Supreme Court ruling in this case clarified the legality of passive euthanasia in India, which the author uses to contrast against and condemn the illegal nature of active killing methods like Thalaikoothal.
- Arbeit zitieren
- Pyali Chatterjee (Autor:in), 2017, The Customary Practice of Senicide. With Special Reference to India, München, GRIN Verlag, https://www.grin.com/document/372138
