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Research Article | Open Access
Volume 14 2022 | None
Indian Approach towards Euthanasia
Bilquees Jan
Pages: 11219-11224
Abstract
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. 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 an unpleasant phase of anguish.
Keywords
Mercy killing, Active Euthanasia, Permanent Vegetative State, Right to die, Terminal illness Euthanasia is still new to India and there are no special provisions about this either in law or legislation.
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