The Current Status of Euthanasia in India

Right to life is one of the basic Human Rights. It starts from the time of conception in the mother's womb till death of the individual. It means not only living with dignity, but also dying with dignity. This right has been recognised by many countries and they have taken steps to ease and preserve the dignity of a dying person. This question had come up many times in the Indian courts. In M S Dubal vs State of Maharahstra, where a police constable who met with a vehicular accident and suffered head injury leading to mental illness, tried to commit suicide by pouring kerosene over himself and setting himself on fire and hence, charged for attempt to suicide, the Bombay High Court held that “Right to Life ” includes the “Right to death ”.¹ However, the Andhra Pradesh High Court, in Chenna Jagadeeswar & Anr. vs State of Andhra Pradesh, ² wherein, the accused was convicted for killing his 4 children, along with his wife, and then both trying to commit suicide; said that the Right to Life does not include the right to die, under Article 21 of the Constitution of India.³

The Supreme Court dealt with this question in its various judgements from 1994 onwards, and finally, acknowledged that the right to life does include, in some special circumstances, the right to die, in its landmark judgement, this year.

In this editorial, we would be discussing the status of Euthanasia in our country, in the light of the said judgement-popularly known as the Aruna Shanbaug Case.