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Euthanasia: Legislative Perspective In India

Jul 25
1 min read



Arvind Kumar, Research Scholar, Department of Law, Kurukshetra University, Haryana

Prof. Ajit Singh Chahal, Department of Law, Kurukshetra University, Haryana


ABSTRACT


Euthanasia -the act or omission causing the death of a person suffering from an incurable or terminal condition, to relieve intractable suffering -remains one of the most contested questions at the intersection of constitutional law, criminal law and medical ethics in India. Unlike the Netherlands, Belgium or Canada, India has no dedicated euthanasia statute; the field has instead been shaped almost entirely by judicial pronouncement, principally Aruna Shanbaug v. Union of India and Common Cause v. Union of India, with Parliament playing a secondary, reactive role. This paper traces the legislative history of euthanasia in India, situates the 2018 and 2023 Supreme Court rulings within that history, examines the stalled Medical Treatment of Terminally Ill Patients Bill, 2016, and argues that the absence of a comprehensive enactment leaves individual autonomy in this field dependent on evolving judicial guidelines rather than a stable legislative framework.



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.

 

Disclaimer:

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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