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Euthanasia And Assisted Suicide: Legal And Ethical Considerations In India


Kamaleshwar S, School of Law, CHRIST (Deemed to be University)


ABSTRACT


The topics of euthanasia and assisted suicide is a controversial subject of debate all over the world, including in India, where its legal, ethical, and sociological facets are intricate and under construction. While passive euthanasia has some legal recognition under certain circumstances, euthanasia and assisted suicide are still outlawed. The Indian legal system’s allocation of power with respect to euthanasia has been dictated with some executive judicial decisions made towards the Aruna Shanbaug and Common Cause cases. However, third-party consent issues, the right to die, and euthanasia’s constitutionality or otherwise remains disputed. In addition, the recent moves of the Supreme Court to ease the requirements for passive euthanasia demonstrate the changes in the legal environment of such issues. This paper analyses the two sides of India’s legal approach, the ethical concerns, and the debate internationally to answer these questions. It examines also questions related to advance directives and living wills, the role of palliative care in end of life decision making, and the influence of religion and culture on euthanasia. The study attempts to propose changes in the existing legal framework on euthanasia in India by examining global best practices and doing an analysis taking into account the socio-cultural aspects of the country. The objective is to contribute to the debate on euthanasia reform while calling for a well-defined law that protects personal liberty.


Keywords: Euthanasia, Assisted Suicide, Right to Die, Passive Euthanasia, Advance Directives, Palliative Care, Religious Perspectives



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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