Euthanasia And The Right To Die: An Indian Legal Perspective
- IJLLR Journal
- 5 days ago
- 2 min read
Gaurisha Parashar, B.Com LL.B., Kamkus College of Law
ABSTRACT
This article examines the concept of the "right to die," a topic grounded in the belief that individuals should have the freedom to decide about their own life, especially when facing a terminal illness or unbearable pain. It clarifies that having the right to live does not mean a person is obligated to do so, providing a foundation for understanding why someone might choose to end their life with dignity. The paper discusses different ways this right is put into practice, such as refusing medical treatment that keeps a person alive, having a doctor help with suicide, or passive euthanasia. The article addresses concerns that allowing the right to die could put vulnerable people at risk, but it also emphasizes that any decision must be the person's own, free from pressure or mental issues. It shows how different countries have different laws, from strict rules to outright bans on these practices. Euthanasia also known as “mercy killing”, remains a subject of legal and ethical debate in India and has evolved through judicial interventions. Through a series of landmark judgments, the courts have made a legal space for passive euthanasia, which is the withdrawal of life support, allowing a person to die with dignity. Despite this, active euthanasia remains strictly illegal in India. The biggest challenge is that these rules have been created by judges, not by a formal law from Parliament. This has left a gap, creating uncertainty for patients, families, and doctors. This article will analyse the development of euthanasia through these Supreme Court decisions and law commissions reports. It will also examine the current legal framework and the ethical dilemmas it presents. The article stresses that a formal law is urgently needed to give legal certainty to patients and protection to doctors in these difficult situations.
Keywords: euthanasia, mercy killing, suicide, right to die with dignity
