Judicial Activism And The Evolution Of Euthanasia In India
- IJLLR Journal
- Feb 23
- 2 min read
Anusree P.A., LLM Candidate, Christ University, Bangalore
ABSTRACT
The evolution of euthanasia laws in India has been shaped significantly by judicial activism, particularly through the interpretation of Article 21 of the Indian Constitution, which guarantees the right to life and personal liberty. Over time, the judiciary has expanded the scope of Article 21 to include the right to live, and by extension, the right to die with dignity. However, despite these progressive interpretations, the legal recognition of euthanasia remains inconsistent due to the absence of comprehensive legislative guidelines. This paper explores the complex relationship between judicial activism and the evolving legal framework surrounding euthanasia in India, with a focus on the challenges posed by the lack of specific legislation. The landmark case of Aruna Shanbaug v. Union of India (2011) marked a significant turning point in the judicial recognition of passive euthanasia, where the Supreme Court permitted the withdrawal of life-sustaining treatment under strict conditions. This judgment, while groundbreaking, highlighted the judiciary’s role in addressing the legal dilemmas posed by euthanasia in the absence of legislative action. The Court’s decision underscored the need for a more nuanced understanding of the right to die with dignity within the broader context of Article 21. Despite this, the absence of clear laws has led to inconsistent application and raised concerns about potential misuse, as well as challenges for healthcare providers, legal professionals, and families in making informed end-of-life decisions. The ambiguity surrounding euthanasia's legal status has sparked debates about whether judicial interpretations of Article 21 are sufficient to protect individuals' rights, or if legislative intervention is needed. This paper analyzes how judicial activism has advanced the discourse on euthanasia in India while emphasizing that the lack of clear legislative guidelines undermines the consistent application of the right to die with dignity. Ultimately, the paper calls for the Indian legislature to enact comprehensive euthanasia laws to ensure clarity and consistency. Such legislation would not only provide legal safeguards but also enhance the protection of individual rights, aligning with the constitutional guarantee of life and personal liberty under Article 21.
Keywords: Euthanasia, Judicial Activism, Right to Die with Dignity, Passive Euthanasia, Legal Framework, Legislative Guidelines
