Euthanasia In India: Legal And Ethical Analysis
- IJLLR Journal
- 17 minutes ago
- 2 min read
Abhinav Singh, Amity University, Uttar Pradesh, Lucknow Campus
ABSTRACT
The issue of euthanasia in India stands at the intersection of law, ethics and medicine. The case of Aruna Shanbaug in 2011 was treated as a landmark where Supreme Court allowed passive euthanasia in situatn of patients kept in permanent vegetative state. The judgment of 2018 in Common Cause v. Union of India further recognizes advance directive or living will and give binding effect to the right of a patient to refuse treatment. This makes Article 21 as the basis for asserting right to die with dignity.
The Indian Penal Code 1860 (Bharatiya Nyaya Sanhita, 2023) continue to criminalize active euthanasia. Section 299 define culpable homicide. Section 302 (Sec 103 of BNS 2023) impose penalty of murder. Section 304 (Sec 105 of BNS 2023) deal with culpable homicide not amounting to murder. Section 306 (Sec 108 of BNS 2023) punish abetment of suicide. This framework create tension between judicial pronouncement and lack of legislative response. The ethical debate emerges from individual autonomy on one side and the sanctity of life principle on other. It also connects with practical issue like absence of proper palliative care, financial distress of family and the role of cultural or religious beliefs in deciding end of life matters. Other countries such as Netherlands, Belgium, Canada and United States have already adopted statutory scheme which regulate euthanasia and provide safeguards.
The study uses doctrinal legal research by considering statutes, judicial decisions and comparative models. It shows how Indian law construct the meaning of right to die with dignity, how it balances the autonomy of patient with state duty to protect life, and how further adaptation of domestic law is required for clarity in future.
Keywords: Euthanasia, Homicide, Die, Person, Life, Dignity.
