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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Posted by Suvid Chaturvedi in Number 4, Volume 3
Euthanasia in India: Should Death be a Choice?

Euthanasia in India: Should Death be a Choice?

Anisha Dahiya
University School of Law and Legal Studies, IP University, Dwarka, Delhi

As has been rightly said by Marya Manners, ” Euthanasia is simply to be able to die with dignity at a moment when life is devoid of it”. Euthanasia is a term that has often sparked debates whether people are ‘for’ or ‘against’. It has become one of the most debated ethical issue of concern as can be inferred by considerable number of publications, media coverage and development of certain laws in some countries. It is a concept based on philosophy of empathy and solicitude. There would be a discussion on what euthanasia is, its types, its existence in some countries of the world, relevance and history in India, legal aspects of Euthanasia, case of Aruna Shaunbaug, and at the end its present scenario and suggestions for the same. The article would provide an understanding of the socio-political aspect of Euthanasia in India.

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Posted by Suvid Chaturvedi in Number 2, Volume 3
Euthanasia- The Position in India

Euthanasia- The Position in India

Sai Shambhavi Singh
School of Law, University of Petroleum and Energy Studies, Dehradun

At the point when a man closures his life by his own demonstration it is called “suicide” however to end life of a man by others however on the solicitation of the expired, is called “willful extermination” or “benevolence executing”. This paper looks to examine what killing is and its conceivable application in three distinct events of a living individual since very birth. In antiquated social orders of the nations like Greece and India how the act of self-obliteration was a standard, what was the demeanor towards the destruction of life of various religions like Hindu, Muslim, Christian and Sikh. Despite the fact that the reason for suicide and killing is self-annihilation however there is clear distinction between the two. Willful extermination might be characterized in five classes furthermore there are different routes for its application. These separated the assessment of sociologists in regards to willful extermination, its lawful position in India in perspective of the Constitution of India, Indian Penal Code and different laws in vogue, so additionally the position of various nations of the world are all taken for dialog. Despite the fact that the Supreme Court has effectively given its choice on this point yet at the same time a few questions emerge in our point which we have to break down deliberately. In conclusion, contentions are advanced for and against authorizing willful extermination and this article has been closed with a clear remark for sanctioning detached killing in India.

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Posted by Suvid Chaturvedi in Vol. 2 Number 2, Volume 2, 0 comments