Passive Euthanasia & Its Relevance With Jurisprudence: A Critical Analysis
- IJLLR Journal
- Jul 4
- 1 min read
Anukriti Giri, University School of Law & Legal Studies, GGSIPU, New Delhi.
ABSTRACT
This research paper examines and critically analyse Passive Euthanasia through the lens of various schools of thought of Jurisprudence. By examining and thoroughly discussing the landmark case of Aruna Shanbaug, the research tries to determine how four major jurisprudential frameworks— Natural Law, Positive Law, Sociological School, and Dworkin's Law as Integrity—approached the questions raised by this case. The Natural Law school of thought highlighted the tension between the sanctity of life and inherent human dignity when consciousness is permanently lost. The Positive Law perspective confronted the challenge of interpreting existing criminal prohibitions against suicide and assisted death in the context of modern bioethical dilemmas. The Sociological School laid its emphasis upon balancing individual welfare with broader social implications, while Dworkin's Law as Integrity offered a framework for constructive interpretation of constitutional principles to address ethical challenges.
Furthermore, the research paper tries to analyse the critical medical ethics and considerations like informed consent, beneficence, safeguards to prevent potential misuse of passive euthanasia. By balancing diverse jurisprudential perspectives, the Court adopted an approach that respects the complexity of human existence and demonstrates how legal systems can evolve to address emerging bioethical challenges by also making sure that principles of human dignity and justice are not compromised.
