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Ending Suffering With Dignity

Updated: Feb 10


Janet John, Symbiosis Law School, Hyderabad


INTRODUCTION


"Who should decide when a life is no longer worth living—the individual or society?"


The right to die is a human rights principle that argues for an individual's ability to choose death when life becomes burdensome due to terminal disease, chronic suffering, or incurable medical issues. It emphasizes the notion that just as individuals have the right to live with dignity1, they should also have the right to die with dignity, free of protracted suffering. This concept is called Euthanasia which is commonly referred to as "mercy killing," is the voluntary decision to end a person's life to relieve unbearable pain and suffering.


Euthanasia is often utilized for those who are terminally sick or handicapped and do not want to suffer any longer. Individuals with profound disabilities or terminal illnesses require the ability to decide between life and death. Euthanasia is a contentious problem that challenges our society's morality, values, and beliefs.2 Euthanasia can be classified into:


  • Active euthanasia: It involves direct action, such as giving a deadly injection.


  • Passive euthanasia: It involves withholding or removing essential therapies, enabling

    the individual to die spontaneously.


    Euthanasia laws and practices have been a source of dispute globally since the second half of the 20th century. Suicide and euthanasia cases occur in several nations like the Netherlands, Australia, the United States, Canada, Belgium, and Switzerland.


  • Legal Perspective of Euthanasia in India


  • In India, euthanasia or mercy killing is illegal. If the doctor intends to kill the patient, it falls under Section 300 of the Indian Penal Code, 18604. However, if the deceased has given their consent, Exception 5 applies, and the doctor or mercy killer is punished under Section 304 of



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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