International Journal of Research in Economics and Social Sciences

  • Year: 2017
  • Volume: 7
  • Issue: 2

Legal challenges to euthanasia in India: A critical study

  • Author:
  • Seema Sharma
  • Total Page Count: 6
  • DOI:
  • Page Number: 223 to 228

Associate Professor, Dept of Law, MMH College Ghaziabad, U P, India

Abstract

Legalization of Euthanasia has been a major issue in last couple of decades. Several countries have already legalized Euthanasia and Physician Assisted Suicide. Bombay High Court in State of Maharashtra v. Maruty Sripati Dubal, 1987 Cri LJ 743 declared that Right to Life includes Right to die, thus making Section 309 of Indian Penal Code, 1860 which makes attempt to suicide as punishable offence unconstitutional. But Supreme Court in Gian Kaur v. State of Punjab (1996)2 SCC 648, held that Right to life does not include “Right to die” or “Right to be killed”. Right to life is a natural right and right to die is not a natural right and no one has a right to finish their life in unnatural way. It was only after the case of Aruna Shanbaug v. Union of India (2011) 4 SCC 454, Supreme Court in its judgment declared that Passive Euthanasia is legal in India

Keywords

Euthanasia, Physician assisted Suicide, Mercy killing, Right to life, right to die