The Changing Legal Landscape Of Euthanasia In India: A Study
- IJLLR Journal
- Jun 26
- 2 min read
Prof. (Dr.) V J Praneshwaran, Director, CMR University School of Legal Studies
Rooba V, LL.M. (Criminal Law), CMR University School of Legal Studies
ABSTRACT
The law of nature includes both life and death which are inseparable aspects. Every human who comes to this world wishes to live and enjoy all the benefits of life, but it can also be seen that sometimes humans tend to take their own life through unnatural means, which we refer as “sucide” but if they request some experts to end his life because of some incurable illness which is only giving him more pain then it is known as “euthanasia”. Euthanasia also known as “mercy killing”, remains a subject of legal and ethical debate in India and has evolved through judicial interventions. Historically, it was evident enough that both active as well as passive euthanasia was prohibited by the Indian laws Indian Penal Code, which is now BNS 2023. However, over time, the courts have brought an understanding of passive euthanasia through their decisions under specific situations. Active euthanasia continues to be prohibited under the Indian legal framework even though other forms of euthanasia have gained acceptance. The lack of comprehensive legislation for euthanasia that balances individual autonomy with ethical consideration demands for clear legal structures to protect individual rights and ethics. This article will make an attempt to analyze the historical development of euthanasia while examining contemporary legal frameworks for euthanasia in India. The article also stresses both the requirement for a structured legal framework along with the challenges it faces and concludes by giving suggestions from global best practices particularly from countries like the Netherlands and Canada where euthanasia is regulated.
Keywords: euthanasia, mercy killing, suicide, judicial interpretation, unnatural.
