hindu views on euthanasia, suicide and abortion in the durban area romilla devi ganga doctor of ...

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HINDU VIEWS ON EUTHANASIA, SUICIDE AND ABORTION
IN THE DURBAN AREA
by
ROMILLA DEVI GANGA
submitted in accordance with the requirements
for the degree of
DOCTOR OF LITERATURE AND PHILOSOPHY
in the subject
RELIGIOUS STUDIES
at the
UNIVERSITY OF SOUTH AFRICA
PROMOTER : PROF C du P LE ROUX
NOVEMBER 1994
SUMMARY
Advances in technology and medicine have greatly impacted on religious thought
and have contributed to a large extent in bringing to the fore questions regarding
euthanasia, suicide and abortion. This has raised a plethora of questions regarding
actions and consequent ethical choices. What impact this has had on the Durban
Hindu regarding the interpretation and re-interpretation of scripture to
accommodate euthanasia, suicide and abortion is examined in the background of
karma and dharma.
A cross-section of Durban Hindus consisting of lawyers, doctors, academics, school
teachers, Hindu scholars, priests and housewives were interviewed. Their views on
karma and dharma, to what extent these concepts underlie their thinking with
respect to euthanasia, suicide and abortion and what influence classical views based
on Hindu scripture as well as Western thinking have had on the contemporary
Hindus of the Durban area, are examined. Consequently, karma and dharma are
viewed from a hermeneutical perspective and examined in the light of the
phenomenological approach. The key hermeneutical concepts of karma and
dharma have been modified and re-interpreted to accommodate changing
circumstances. The views expressed range from the extremely liberal to the ultra
conservative. Although the subjects were not all familiar with Hindu scripture, the
views expressed were similar to scripture. Many Hindus therefore are reasoning on
traditional lines, although the basis of their reasoning has shifted from scripture.
Ethics and morality are not the only underlying principles affecting the euthanasia,
suicide and abortion debate: financial and social considerations are also important.
Although euthanasia and abortion are strongly condemned by the conservative
Hindu they are accepted on medical, social and utilitarian grounds.
Title of thesis:
HINDU VIEWS ON EUTHANASIA, SUICIDE AND ABORTION IN THE
DURBAN AREA
Key terms:
Euthanasia; Suicide; Abortion; Kamia; Dhamia; Classical Hindu; Scripture;
Contemporary; Interpretation; Re-interpretation; Medical; Legal; Ethical;
Circumstances.
PREFACE
The advances in science and technology are extensive and they enrich human lives
to such a degree that people generally accept these advances without reservations.
However, the benefits of science and technology cannot always be counted as a
blessing. This so called "progress" often creates complex dilemmas which can only
be resolved by agonising decisions. The most difficult of these problems are not
simply theoretical or technical questions requiring empirical research. They are
instead moral questions which require research with the application of new
information and skills. In most cases, these problems expose the inadequacies of
our conventional, moral and legal systems. In other words developments in science
and technology cause ripple effect in our system of beliefs. When this happens it is
necessary to adjust our values and institutions in order to come to terms with the
moral dilemmas posed by scientific and technological developments.
Moral questions that arise as a result of advances in medical science and technology
cannot be treated lightly. Perhaps, the greatest problems are posed by the
physician's ability to exercise extensive control over the processes of life and death.
From a strictly medical standpoint, life and death decisions have become routine.
From a moral point of view such choices are seldom easy to make. The dilemma is
particularly acute when traditional medical ethics imposes conflicting requirements.
The question of euthanasia is one of a broad spectrum of moral problems of
terminal medical care. It arises in those cases in which the duty to relieve suffering
conflicts with the obligation to preserve life. In some respects this problem is
related to that of abortion. When a pregnancy is terminated because the foetus is
defective, abortion may constitute what can be referred to as foetal euthanasia. The
question of abortion for eugenic reasons or as a form of birth control or out of
consideration for the mother, however, is a different matter. The crucial difference
is that it is concerned with factors other than regard for the primary life that is
terminated. The question of terminating "hopeless" life in order to secure vital
organs for lives that can be "saved" differs from the question of euthanasia in the
same way.
This study concerns itself with the morality of the deliberate termination of life for a
particular purpose. Research has shown that euthanasia cannot be studied as a
phenomenon in isolation, since voluntary euthanasia (as a form of suicide) and
abortion are important facets of the euthanasia debate. Therefore, one would be
doing gross injustice to the study of euthanasia if the accompanying phenomena of
suicide and abortion were not included in the study. The aim of the study is to study
the phenomenon from a theocentric perspective. Research has shown that the
medical and legal dimensions of the question cannot be ignored. This entails taking
into account not only the requirements of law and of professional medical ethics,
but also the ways in which decisions are reached in the context of concrete cases.
These standards and practices are analysed in order to discover the underlying
ethical principles. Since this topic deals with Hindu views on euthanasia, suicide
and abortion, these ethical principles are evaluated and interpreted in relation to
the two fundamental Hindu principles of karma and dharma and their interpretation
amongst Hindus in the Durban area.
The primary purpose of this study is to offe r moral guidelines for medical decisions
and for legal norms for medical practice in cases involving hopeless suffering. Until
recently, this question has received little attention in Hindu ethics. It is hoped that
this research stimulates thinking of these issues (euthanasia, suicide and abortion) in
the light of Hindu scriptures so that there is a reconciliation between their religious
injunctions and their contemporary views.
I wish to thank the Lord Almighty (Lord Hanuman and Mother Durga in particular)
for giving me the strength and the courage to undertake the study. It is my pleasant
duty to acknowledge and thank the following people, for without their willing
co-operation and assistance this research would not have been possible: to
Professor C. du P. Le Roux (of the Department of Religious Studies, Unisa) for his
constant guidance and supervision, to Mrs Carina Zeelie ex-staff of Unisa Library
and Monica Strassner also of Unisa Library for their ever willing assistance in
finding research material (literature), to Mrs. P. Ramkisson for typing the
manuscript and Mr. P. Bisnath for reading and correcting the manuscript. I also
owe my deepest gratitude to all those lawyers, doctors, academics, priests and
housewives who were interviewed on the subject.
I also wish to thank Kamil and Sadhvi Ganga for typing and arranging the reference
material in alphabetical order.
I owe my greatest appreciation to my devoted husband and dear children for their
patience and forbearance during the period this research was undertaken.
TABLE OF CONTENTS
PAGE
SUMMARY
PREFACE
INTRODUCTION 1
CHAPTER ONE 14
METHODOLOGY 14
1.1 AIM 14
1.2 KARMA AND DHARMA 15
1.2.1 THE PHENOMENOLOGICAL APPROACH 16
1.2.2 THE HERMENEUTICAL PERSPECTIVE 23
1.3 KEY CONCEPTS : DEFINED 24
1.3.1 DEATH 24
1.3.2 EUTHANASIA 29
1.3.3 SUICIDE 33
1.3.4 ABORTION 34
1.4 TEXTS AND INTERVIEWS 36
1.5 CHAPTERS 37
CHAPTER1WO 38
CIASSICAL CONTEXT 38
2.1 INTRODUCTION 38
2.2 EUTHANASIA AND SUICIDE IN CLASSICAL INDIA 38
2.2.1 TYPES OF DEATH 40
2.2.1.1 MORS VOLUNTARIA HEROICA 40
2.2.1.2 MORS VOLUNTARIA RELIGIOSA 41
2.2.1.3 PASSIONATE SELF-WILLED DEATH 41
2.2.2 LIFE AFFIRMATION AND THE ISSUE OF SELF-
WILLED DEATH IN THE VEDIC PERIOD
(ca. 1200 -900 B.C.E.) 47
2.2.3 LIFE AND VALUE IN THE BRAHMANIC PERIOD
(ca. 900 -500 B.C.E.) 50
2.2.4 THE UPANISADIC VIEW AND ADJUSTMENT OF THE
VEDIC VALUE OF LONGEVITY (ca. 900- 500 B.C.E.) 57
2.2.5 EPIC LITERATURE (MAHABHARATA) (ca. 900 B.C.E.) 61
2.2.6 THE BUDDHIST VIEW AND THE CONCEPT OF LIFE
AND DEATH (ca. 624-544 B.C.E.) 66
2.2.7 THE JAINA PHILOSOPHY OF LIFE AND DEATH
(ca. 527 B.C.E.) 68
2.2.8 RELIGIOUS, SELF-WILLED DEATH IN HINDU SMRTI
TEXTS (ca. 600 B.C.E. -500 C.E.) 64
2.2.8.1 DHARMA SASTRAS 70
2.2.8.2 BHAGAVA D-GITA 72
2.2.8.3 PURANAS 74
2.2.8.4 BUDDHISM (NEW DEVELOPMENTS) 76
2.2.8.5 MANU-SMRTI 77
2.2.9. PHILOSOPHICAL SYSTEMS 78
2.2.9.1 PATANJALI (THE SAMKHYA SYSTEM) 78
2.2.9.2 MIM AMS A 80
2.2.9.3 SANKARA (ADVAJTA) 82
2.2.10 JAINISM 82
2.2.11 CRITICISMS OF RELIGIOUS, SELF-WILLED DEATH
FROM THE lOTH CENTURY C.E. 84
2.2.12 ABUSE OF EUTHANASIA 85
2.2.13 SAT/ 87
2.2.14 CONCLUSION 88
2.3 ABORTION 89
2.3.1 ABORTION:MORALEVALUATIONINSRUT/ 89
2.3.2 THE MORAL EVALUATION OF ABORTION IN THE
SMRTI 91
2.3.3 THE MAHABHARATA CONDEMNS ABORTION 92
2.3.4 ABORTION : A MORAL AS WELL AS A SOCIAL
CONCERN 94
2.3.5 HUMAN BEING VERSUS HUMAN PERSON 98
2.3.6 ENSOULMENT AND CONSCIOUSNESS IN THE WOMB 101
2.3.7 KARMA AND REBIRTH 104
2.3.8 THE EMBRYO : A SYMBOL OF LIFE 105
2.3.9 SOCIAL AND RELIGIOUS REASONS 106
2.3.10 AHIMSA 107
2.3.11 CONCLUSION 107
CHAPTER THREE 109
LEGAL, MEDICAL, ETHICAL CONTEXT 109
3.1 INTRODUCTION 109
3.2 EUTHANASIA 112
3.2.1. LEGAL AND ETHICAL ASPECTS 114
3.2.2 MEDICAL OBJECTIONS 115
3.2.3 MERCY-DYING VERSUS MERCY-KILLING 119
3.2.4 ACTIVE EUTHANASIA 121
3.2.5 PASSIVE EUTHANASIA 123
3.2.6 ACTIVE VERSUS PASSIVE MEANS 125
3.2.7 VOLUNTARINESS 127
3.2.8 VOLUNTARYACTIVEEUTHANASIA:THEDEBATE 127
3.2.9 VOLUNTARY ACTIVE EUTHANASIA: SOME
PRACTICAL GUIDELINES 130
3.2.10 ORDINARY VERSUS EXTRAORDINARY
TREATMENT 133
3.2.11 WHO HAS THE RIGHT TO DECIDE? 134
3.2.12 INDIRECT EUTHANASIA 136
3.2.13 DIRECT EUTHANASIA 137
3.2.14 TERMINATION OF A MEDICALLY POINTLESS
TREATMENT 138
3.2.15 REFUSAL OF MEDICAL TREATMENT 139
3.2.16 EUTHANASIA OF DEFECTIVE NEWBORNS 139
3.2.16.1 THE PARENTS DUTY TO THE DEFECTIVE INFA NT 140
3.2.16.2 INTOLERABLE LIFE 144
3.2.16.3 RATIONALIZATIONS 146
3.2.17 THE EUTHANASIA DEBATE: A SOUTH
AFRICAN VIEW 154
3.2.17.1 THE "LIVING WILL" AND THE "RIGHT TO DIE" 156
3.2.17.2 THE TERMINALLY ILL -A SOUTH AFRICAN NEW
LEGAL PERSPECTIVE 159
3.3 SUICIDE 162
3.3.1 THE MORALITY AND RATIONALITY OF SUICIDE 163
3.3.2 DEONTOLOGICAL ARGUMENTS 166
3.3.2.1 VOLUNTARY EUTHANASIA 168
3.3.2.2 COVENANTAL SUICIDE 169
3.3.2.3 SYMBOLIC PROTEST 169
3.3.3 SUICIDE AND THE SOUTH AFRICAN LAW 171
3.4 ABORTION 173
3.4.1 INFANTICIDE AND ABORTION: A MATTER OF
CONVENIENCE 174
3.4.2 THE MODERN DEBATE 176