Right To Life And Right To Die: Policy On Euthanasia In India
Chandramauli Mishra, O.P. Jindal Global University
ABSTRACT
This paper analyses the developing jurisprudence about euthanasia in India in the context of the fundamental right to life and personal liberty under Article 21 of the Constitution of India. The paper traces the judicial trajectory from the judgement of the Bombay High Court in State of Maharashtra v. Maruty Sripati Dubal (1987) to the Supreme Court judgements in Aruna Ramchandra Shanbaug v. Union of India (2011) and Common Cause v. Union of India (2018) and Common Cause v. Union of India (2023).
The paper adopts both comparative and doctrinal avenues coupled with constitutional jurisprudence and selected foreign models to evaluate whether the current model of euthanasia jurisprudence is sufficient or not. The paper argues that while passive euthanasia has been recognised and proceduralised by the judiciary, active euthanasia is still criminalised under the Indian statutory law. The paper argues that the existing judicial precedents, without being enshrined in legislation, do not provide the requisite regulatory structure in India to adequately protect individual autonomy and the public interest.
The paper, through a comparative analysis of the euthanasia regulatory frameworks in the United Kingdom, the Netherlands and Luxembourg (these countries have been chosen for their varied regulatory philosophies ranging from terminally cautious to permissively physicianassisted to intermediate models), identifies the procedural and substantive gaps in India’s approach and proposes a series of actionable legislative and policy proposals, including the establishment of a Regional Review Committee along the lines of the Dutch model, compulsory psychiatric evaluation, time-bound approval processes, public disclosure mechanisms, and mental health support for the families of patients and healthcare professionals. The paper arrives at the conclusion that a codified policy on euthanasia would be beneficial in the Indian law if there are proper safeguards against unfair practices such as, abuse or undue influence.
Keywords: Euthanasia, Article 21, comparative law, right to die, medical law, India.
