EUTHANASIA-A LEGAL REFORM INITIATIVE

Barsha Mitra & Ananya Das
Symbiosis Law School, Pune


Article 21 of the Indian Constitution guarantees Right to Life and personal liberty to every individual surviving under the shield of the nation and also where “life” implies “not merely an animal existence”. So when the basis of existence of a person deteriorates, death becomes the only destination. Thus the choice of “death with dignity” is the most favorable weapon to end the age long suffering. The concept of Euthanasia, also known as the act of intentional killing of a dependent human being suffering from incurable, painful and chronic disease is a difficult concept surrounded by varied moral ambiguities and controversies as it revolves around the dignity of life of the most dignified entity surviving on the Earth’s surface. Setting aside morality, in legal point of view the criminal justice system of India need some major changes for the welfare of patients who needs assisted death by medical practitioner. Therefore, this article has been primarily divided into four parts where the first part revolves around the introduction to the concept of Euthanasia. The second part shall discuss about the nuances of “Right to die” as a facet to “Right to life” and the third part will focus on the reformation required in the Criminal justice system while dealing with related cases of Euthanasia and finally the analysis and suggestions.


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