Euthanasia In India-Procedural Framework And The Case For Legislative Action
Tushar Gupta, Bombay High Court (Judicial Research Assistant under Justice Aarti Sathe)
ABSTRACT
The right to life is one of the core tenets of the Constitution of India and is enshrined in Article 21 of the Constitution of India, wherein it is provided that no individual shall be deprived of his life or personal liberty, except by due procedure of law. It is a well-settled principle that this right to life envisaged in the Constitution of India is not indicative of a mere animal-like existence, but a life that is not devoid of dignity and other essential faculties. The Apex Court of India has promulgated this principle through numerous judicial pronouncements, and this right to life, through the aforesaid position of dignity being quintessential to its existence, has been interpreted to include under its umbrella various other rights that are inalienable in the pursuit of quality of life. The inclusion of euthanasia in this umbrella has been the subject of debate in India and almost every jurisdiction, with some advocating that the right to die has to be considered to come under the purview of the right to live with dignity, while some arguing that it is in stark contrast to the right to life. The law pertaining to euthanasia in India is largely characterized by judicial decisions, which seek to examine the legality of euthanasia in the context of the existing legal framework and implement guidelines for its limited applicability. The Supreme Court of India has restricted the legality of euthanasia to passive euthanasia, which involves withholding medical treatment that would otherwise lead to artificially prolonging the life of a terminally ailing individual. There is, however, no legislative framework governing euthanasia, and a lacuna is prima facie visible, in as much as judicial pronouncements fail to provide a consolidated framework governing euthanasia, and an implementation of legislation governing the same would accord democratic legitimacy to the framework for euthanasia, and ensure uniformity in procedures and safeguards to ensure compliance. This article does not aim to determine the legality and justifiability to euthanasia, and whether the active euthanasia is something that is legally justified in our statutory framework. Rather, it aims to perform a brief analysis of the law pertaining to euthanasia in India determine whether a separate legislation regarding the same is necessary or would be redundant in light of the various decisions of the Supreme Court of India.
