Between Life And Liberty: A Constitutional And Criminological Examination Of Euthanasia In India
- IJLLR Journal
- Jun 4
- 1 min read
Simarpreet Kaur, Mohanlal Sukhadia University
ABSTRACT
Euthanasia has evolved as the most contemplated problem in contemporary medical ethics and constitutional jurisprudence. Within India, the debate has been advanced due to the promising improvements in medical technology, which can extend life even in cases where recovery is medically impossible. This has impelled courts to analyse whether the constitutional guarantee of life under Article 21 also safeguards the dignity of an individual at the time of their final phases of existence. Although active euthanasia continues to be forbidden in the Indian criminal law, passive euthanasia has gradually established judicial recognition by constitutional interpretation and emerging medical ethics. So far, the discussion surrounding euthanasia includes complex queries relating to autonomy, criminal liability, consent, and the obligation of the State to conserve life. Judicial decisions have progressively recognised that dignity is a necessary part of personal liberty and that unnecessary prolongation of suffering might conflict with constitutional values.
Alongside legal concerns, euthanasia also raises criminological and ethical issues concerning misuse, protection of vulnerable individuals, and coercion. This legal article critically analyses the constitutional growth of euthanasia within India, examines significant judicial decisions, and assesses ethical and criminological dimensions related to the end-of-life decisions. It further compares India’s position with multinational strategies to understand the limitations and strengths of the up-to-date legal framework. The article claims that even though Indian courts have acknowledged the principle of dying with dignity, the absence of a detailed legislative system continues to create uncertainty.
