Siddharth Samanta, O.P. Jindal Global Law School
ABSTRACT
This essay explores the concept of euthanasia in the Indian legal system, focusing on the right to die. It discusses the distinction between active and passive euthanasia and raises ethical, religious, and legal questions surrounding the practice. The essay examines the evolution of euthanasia in Indian courts, particularly in relation to suicide. It highlights key Supreme Court judgments, such as Gian Kaur v. The State of Punjab and Aruna Ramchandra Shanbaug v. Union of India, which have shaped the legal landscape. While passive euthanasia has been legalized in India, the essay raises concerns about the limitations of the right to die and the criteria for eligibility. It explores the interplay between Article 21 of the Constitution, which guarantees the right to life, and the concept of euthanasia. The essay also discusses relevant cases, including H.B. Karibasamma v. The Union of India and Common Cause v. The Union of India. It concludes that while India has made progress in recognizing passive euthanasia, there is still a need for comprehensive legislation to address the broader aspects of euthanasia. The essay suggests that as society evolves and demands change, obstacles based on religion, ethics, and morality may be overcome, leading to a more expansive understanding and acceptance of euthanasia in India.
