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The Role Of Religious Institutions In Shaping Legal Discourse On Euthanasia In India: Balancing Individual Rights And Moral Values In A Secular Framework


Nikita Jha, LLB, Law Centre-I, Faculty of Law, Delhi University


ABSTRACT


Euthanasia originates from the Greek words, EU which means good and Thanatos which means death. It is the intentional ending of a life where people are suffering from such a disease that there is no scope for recovery. This paper will analyze the interplay between religious ideals and the legal framework in India and also the conflict between individual autonomy, religious values and constitutional principles. Initially, it will explore the historical development of Euthanasia over time highlighting its evolving ethical and cultural dimensions.


The paper will further define the types of euthanasia- weighing the merits such as respecting personal autonomy against its demerits including ethical concerns. We will then delve into the comparative analysis of global and Indian religious perspectives on euthanasia, elaborating on the various religions which are there in India and their perspective on euthanasia.


The Indian jurisprudence has progressively dealt with euthanasia which is evident from landmark cases like Gian Kaur v. State of Punjab (1996), Aruna Shanbaug (2011), and Common Cause v. Union of India (2018), which legalised passive euthanasia under strict conditions. These rulings showcase how the judiciary has tried to balance secular ideas with religious beliefs.


The paper concludes by emphasizing the importance of discourse and dialogue between religious leaders and legal entities to balance secular principles with religious ideals. India’s legal evolution on euthanasia reflects its efforts to respect individual dignity and personal autonomy while addressing ethical, religious, and societal concerns.



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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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.

 

Disclaimer:

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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