Critical Appraisal Of Euthanasia - Indian Perspective

Law

Article 21 of the Indian Constitution states that ‘No shall shall be deprived of his life or personal liberty except according to procedure established by law’, which grants Right to life only and does not include Right to die. The question regarding Right to die first arose before the High Court of Bombay in State of Maharashtra v. Maruty Sripati Dubal. In this case, the Court declared that Right to life includes Right to die, thus making Section 309 of Indian Penal Code, 1860 that makes attempt to suicide a punishable offence unconstitutional. But in the case of Gian Kaur v. State of Punjab, Supreme Court held that Right to life does not include Right to die or Right to be killed. It was mentioned that Right to life is a natural right whereas Right to die is not such a natural right and none had the right to finish their life in an unnatural manner. Only after the judgement by Supreme Court in Aruna Ramchandra Shanbaug v. Union of India, passive euthanasia was legalized in India. Now arises the question if Right to life with dignity includes Right to die with dignity. This paper enshrines on the need for a review on the judgement of Aruna Ramchandra Shanbaug v. Union of India and the formation of medical committees to find out the cases where active euthanasia will be the ultimate option for the patients to die with dignity and without going through a unpleasant phase of agony.

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