EUTHANASIA IN INDIA - DEBATING 'DEATH WITH DIGNITY'

Abstract

Euthanasia is the act or practice of causing or hastening the death of a person who suffers from an incurable or terminal disease or condition, especially a painful one, for reasons of mercy. In India, it was argued that it was unlawful to cause or accelerate the death of a patient who was terminally ill or in a permanent vegetative state but it was lawful to withhold life-extending treatment where the prolongation of life was not in their best interest. It was observed that it was only in the former category of cases that the ‘right to die with dignity’ fell within the ambit of the fundamental freedom of the ‘right to live with dignity’ guaranteed under Article 21 of the Constitution. In 2011, the Supreme Court in Aruna Ramachandra Shanbaug vs Union of India & Ors., upheld the validity of passive euthanasia, even involuntary, in certain circumstances. However, it also held that euthanasia could be legalized only through legislation. A few years later, a larger bench of the Supreme Court in Common Cause (A Registered Society) vs Union of India & Anr. revisited the issues from social, legal, medical and constitutional perspectives and held that the principles laid down in 2011 were internally inconsistent and proceeded on a misconstruction of the previous case law.

This paper examines and analyzes the history and legal background of euthanasia, the different types of euthanasia, the relevant constitutional laws and the landmark decisions on the subject matter. It also discusses the concepts of ‘living will’ and ‘advance medical directive’ while focusing on the present day scenario.