IJSRST151528 | Received: 05 December 2015 | Accepted: 12 December 2015 | November-December 2015 [(1)5: 119-123]
© 2015 IJSRST | Volume 1 | Issue 5 | Print ISSN: 2395-6011 | Online ISSN: 2395-602X
Themed Section: Science and Technology
119
Right to Life with Dignity also includes Right to Die with Dignity : Time To
Amend Article 21 of Indian Constitution and Law of Euthenesia
Pyali Chatterjee
Disha Law College Raipur, Chhattisgarh, India
ABSTRACT
Article 21 of Indian Constitution grants Right to life only. According to Article 21 says, “No person shall be
deprived of his life or personal liberty except according to procedure establishedby law”. Right life under Article 21
does not include Right to die. Right to life is a natural right. The question regarding Right to die first time comes
before Bombay High Court in State of Maharashtra v. Maruty Sripati Dubal, 1987 Cri LJ 743. And here in this case
court declared that Right to Life includes Right to die, thus making Section 309 of Indian Penal Code, 1860 which
makes attempt to suicide as punishable offence unconstitutional. But Supreme Court in Gian Kaur v. State of Punjab
(1996)2 SCC 648, held that Right to life does not include “Right to die” or “Right to be killed”. Right to life is a
natural right and right to die is not a natural right and no one has a right to finish their life in unnatural way. It was
only after the case of Aruna Ramchandra Shanbaug versus Union of India (2011) 4 SCC 454, Supreme Court in its
judgment declared that Passive Euthanasia is legal in India.
Here my question is whether Right to life with dignity includes Right to life with dignity. If the answer is Yes then
why a cancer patients who were already in their last stage has to suffer lots till their death. In such cases active
euthanasia is the only option, getting relief from the pain of cancer. A person who is already bedridden and is
dependent on other for each and everything in that case how can we say that he is living with his dignity? In cancer
( last stage), most of the patients died in pathetic conditions, where neither they can bear the pain of the diseases nor
their family can watch their loved one in such an intolerable pain for such a long time. In such cases death with
dignity is last option for the family members as well as for the patients to finally get relived from the ultimate pain.
There is a need of Active Euthanasia for such patients.
Lastly, judgment of Aruna Ramchandra Shanbaug versus Union of India should be reviewed once again and medical
committee should be formed to find out the cases where active euthanasia will be the ultimate option for the patients
to die with dignity and without tolerant any pain.
Keywords: Euthanasia, Physician assisted Suicide, Mercy killing, Right to die, Cancer
I. INTRODUCTION
The term Euthanasia is derived from Greek roots “eu”
means “well or good” and “thanatos” means- “death‟
means good death.
“The term Euthanasia normally implies an intentional
termination of life by another at the explicit request of
the person who wishes to die. Euthanasia is generally
defined as the act of killing an incurably ill person out of
concern and compassion for that person's suffering. It is
sometimes called mercy killing, but many advocates of
euthanasia define mercy killing more precisely as the
ending of another person's life without his or her request.
Euthanasia, on the other hand, is usually separated into
two categories: passive euthanasia and active euthanasia.
In many jurisdictions, active euthanasia can be
considered murder or Manslaughter, whereas passive
euthanasia is accepted by professional medical societies,
and by the law under certain circumstances.”