ZENITH International Journal of Multidisciplinary Research
  • Year: 2013
  • Volume: 3
  • Issue: 7

Euthanasia: An Indian and international perspective

  • Author:
  • Shubhangi Gupta, Arnab Naskar
  • Total Page Count: 10
  • Page Number: 15 to 24

Rajiv Gandhi National University of Law, Punjab

Online published on 8 October, 2013.

Abstract

The concept of Euthanasia dates back to the ancient civilization. It basically connotes the practice of deliberately bringing a person's life to halt so as to relieve him from irremediable pain and suffering. The concept of Euthanasia is highly contested. The controversy lies in the question that whether people should be provided aid in bringing an end to their life, or should they be left alone to bear unbearable pain from an incurable disease. There have been diverse opinions on the issue of Euthanasia. The controversy has gained momentum because of the rapid developments in countries like Netherlands, Belgium, Luxembourg and Oregon of USA; which have legalised Euthanasia. The concept of Euthanasia gained heights in India, when the Supreme Court legalised passive euthanasia in prominent case of Aruna Shanbaug. However, the Apex court held that active Euthanasia is still ‘illegal’ in India, in the absence of any law to the contrary. There are both have and have-nots; and whether a person should be anti or pro Euthanasia depends on the ideology of each individual. By means of the paper the authors have tried to shed light on recent developments on euthanasia in India. Comparison has been made with countries legalizing active euthanasia like European Union, USA, Australia and England. The pros and cons have been dealt with; along with various safeguards to form an adequate legislation on Euthanasia. The legalization of Euthanasia can lead to more open scrutiny, without any scope of undue harassment of the patient. Until active euthanasia becomes legal, it will be carried on clandestinely and there will be scope of misuse. Legalizing active euthanasia and practicing it within the confines of law would work as a magic potion and make death a blessing, not a tragedy.

Keywords

Euthanasia, India, Shanbaug, Active, Passive, Canada, USA, Netherlands