top of page
Search
Writer's picturelead india
2 days ago3 min read

Euthanasia And The Right To Die

Every Indian citizen is entitled to a basic life of dignity under Article 21 of the Indian Constitution. The idea of living wills is likewise strongly promoted in many other nations. A living will is a written document that a person uses to expressly specify what medical treatment they would like to receive if they become incapable of doing so or become incompetent.


Article 21 of the Constitution of India

As per Article 21 of the Indian Constitution, an individual cannot be deprived of their life or personal liberty unless a legally established procedure is followed. Thus, two rights are protected under Article 21:

  • Right to life, and

  • Right to personal liberty.


Euthanasia and the Right to Die

The Hon’ble Supreme Court in the Gian Kaur v. State of Punjab, 1996 case, which declared that Article 21 of the Indian Constitution does not include the right to die or the right to be killed overturned the preceding rulings. In addition to overturning the verdict in the Ratinam case, the five-judge Supreme Court Constitutional panel found that Section 309 of the IPC is unconstitutional.


In Aruna Ramchandra Shanbaug v. Union of India and others, 2011, a nurse was sodomized and strangled by a sweeper on November 27, 1973. The restriction of oxygen left the nurse in a vegetative condition, and feeding tubes were used to keep her alive. This case is highly significant in the context of passive euthanasia.


2011 saw the filing of a Supreme Court petition on behalf of Aruna by an activist who claimed that "her right to live in dignity is violated by her continued existence." The court discussed euthanasia extensively and permitted passive euthanasia, even though it declined to terminate Ms. Shanbaug's medical treatment. Using the "Parens Patriae principle," which translates to "Parents of the Nation," the High Courts were further determined to have the final say over what is best for the patient. In certain cases, the court may act as a guardian for a patient who is terminally ill.


The Supreme Court issued several guidelines in this regard, ruling that the High Court should render a decision only after considering all benches and committees appointed under the guidelines and delaying its decision until the legislature passes legislation about the issue. The court further declared that the prescribed approach ought to be adhered to throughout India.


In a significant ruling in Common Cause v. Union of India, 2018, the Supreme Court of India allowed physician-assisted suicide (PAS), also referred to as passive euthanasia, on March 9, 2018. An adult human being with the mental capacity to make an informed decision has the right to refuse medical treatment, including the removal of life-supporting devices, the Court ruled, upholding the precedent set by its constitutional bench in the Gian Kaur case. The Court also reaffirmed the fundamental right to die with dignity.


Methods of Euthanasia

  • Active Euthanasia: In an instance of active euthanasia, a physician willfully takes a patient's life if they have a terminal illness or are incurably ill by administering a lethal medicine.

  • Passive euthanasia: The practice of refusing or stopping life-sustaining treatment is known as such.


Approval of euthanasia

Based on consent for the same, there are three possible forms of euthanasia:

  • Euthanasia carried out voluntarily: This type of euthanasia occurs when a victim requests to end their life.

  • Non-voluntary euthanasia is the practice of killing someone without their request or agreement when they are in a vegetative state and unable to express their desires.

  • When a person is killed despite their express desire to live is known as involuntary euthanasia.


It should be remembered that when a man's life is about to end, he has the right to go away with dignity. A person's right to a decent life is also upheld by hastening death to minimize suffering for those who are terminally ill or in a persistent vegetative state (PVS), where there is no possibility of recovery.


Lead India offers free legal advice and online information, in addition to other legal services. We provide a forum to speak with a lawyer and ask legal questions. Lead India's solicitors can help you with any legal difficulties. Lead India's solicitors may assist you with any legal issues. Lead India also provides free online legal help in India. In addition to giving online legal assistance, Lead India allows users to ask specialist questions for free. 


Call Us: +91–8800788535

0 views0 comments

Recent Posts

See All

Comments

bottom of page