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Reviewing Article 21: The Constitutional Validity Of Euthanasia And The Right To Die With Dignity




Arathi V P, LLB (Hons), Amity University, Madhya Pradesh


ABSTRACT


In Common Cause v. Union of India, the Indian Supreme Court acknowledged the validity of passive euthanasia and permitted the use of living wills or previous directives, therefore granting euthanasia limited legal support. But along the road, there have been significant legal, moral, and societal debates with strong arguments for and against its acceptance. A crucial topic in this debate is whether the right to die with dignity is included in the right to life guaranteed by Article 21 of the Indian Constitution.


Due to the absence of a comprehensive legislative framework, euthanasia regulations in India are mostly reliant on judicial decisions. This raises questions regarding how these restrictions are implemented and how they could be abused, particularly by underprivileged groups. This article examines the concept of euthanasia and contrasts India's legal system with that of other countries. It also evaluates the arguments for and against the practice in order to ascertain the legitimacy and possible future scope of euthanasia laws within the Indian legal system.


Keywords: Euthanasia, Right to Die with Dignity, Article 21, Passive Euthanasia, Living Will.



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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Licensing: 

 

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.

 

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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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