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An Analysis Of Judicial Decisions Relating To The Right To Die In India




Yagya Bharadwaj, Chanakya National Law University

Introduction

There has been much debate and discussion on the right of an individual to die as per their wish. A person’s right to live with dignity has been recognized as a fundamental and basic human right, but the same is not the case with their right to die.

What does the right to die exactly mean? Simply put, it refers to a person’s right to refuse medical measures or methods that are meant to prolong their life. It is their right to die naturally, rather than be kept alive by artificial means when they are suffering from a disease, or are terminally ill, and are unlikely to get better without such means.

The idea of right to life is enshrined in Article 3 of the Universal Declaration of Human Rights1, The Article reads, “Everyone has the right to life, liberty, and security of person.” It does not mention an individual’s right to die as part of it, which, as mentioned, has been a recurring topic of debates and discussions. Additionally, Article 6 of the International Covenant on Civil and Political Rights recognizes the inherent right of every person to life, adding that this right "shall be protected by law" and that "no one shall be arbitrarily deprived of life"2.

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Indian Journal of Law and Legal Research

Abbreviation: IJLLR

ISSN: 2582-8878

Website: www.ijllr.com

Accessibility: Open Access

License: Creative Commons 4.0

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​All research articles published in The Indian Journal of Law and Legal Research are fully open access. i.e. immediately freely available to read, download and share. Articles are published under the terms of a Creative Commons license which permits use, distribution and reproduction in any medium, provided the original work is properly cited.

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The opinions expressed in this publication are those of the authors. They do not purport to reflect the opinions or views of the IJLLR or its members. The designations employed in this publication and the presentation of material therein do not imply the expression of any opinion whatsoever on the part of the IJLLR.

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