Sanmati Rathore & Vaibhav Shrivastava, LLM, Symbiosis Law School, Pune
A person who is in permanent vegetative state or suffering from a chronicle disease, who can't be brought back to the normal life, is it right to keep him alive on medical support for years until his body stops responding to that as well. This question encompasses the need to have subtle laws in this area. This study deals with a question that, if right to life is a human right, why not Right to die in certain exceptional situations to avoid further pain and suffering. This research paper will highlight why euthanasia is disregarded by people including the reasons that acts as barrier in the process of legalization of euthanasia. This research also aims to study the Human rights laws which affirms or dejects the concept of such Right to die. This research paper also analyses the effectiveness of legalization of euthanasia in Netherland and the status of Euthanasia in USA as well with a comparative approach. The prolonged treatment, life supports, palliative care in today’s time is indistinguishably concomitant with this issue and intervention of judiciary becomes need of the hour. This research paper therefore studies the aforesaid factors along with the effect of judicial intervention in India and how the judiciary has helped in promoting euthanasia through the progressive judgments.
KEYWORDS: Assisted Suicide, Euthanasia, Human Rights, Palliative Care, Persistent Vegetative State, Rights.