Euthanasia and Its Legal Position in India: An Analytical Study

Authors

  • Sahil Singh

Keywords:

Euthanasia, Mercy Killing, Passive Euthanasia, Active Euthanasia, Right to Die

Abstract

Euthanasia, also known as mercy killing, refers to the deliberate ending of life to relieve suffering, usually of terminally ill patients. It is derived from the Greek words “eu” (good) and “thanatos” (death), meaning “good death.” This paper examines the concept, types, ethical debates, arguments for and against legalization and the evolving legal position of euthanasia in India. The study discusses voluntary, non-voluntary and involuntary euthanasia, as well as active and passive forms, while analyzing constitutional, ethical and judicial perspectives. Special focus is given to landmark judgments such as Gian Kaur v. State of Punjab and Aruna Ramchandra Shanbaug v. Union of India, culminating in the Supreme Court’s 2018 recognition of passive euthanasia and living wills. The paper concludes with recommendations for clear legislation to balance the right to die with dignity and the protection of life.

References

• Bacon, F. (1623). History of Life and Death. London.

• Black’s Law Dictionary (8th ed.). Definition of Euthanasia.

• Merriam-Webster Dictionary. Definition of Euthanasia.

• The House of Lords Select Committee on Medical Ethics (1994). Report of the Select Committee on Medical Ethics. London: HMSO.

• European Association of Palliative Care (EPAC) Ethics Task Force (2003). Ethical Framework for Palliative Care.

• Gian Kaur v. State of Punjab, (1996) 2 SCC 648.

• Maruti Shripati Dubal v. State of Maharashtra, 1986 Cri LJ 589 (Bom).

• State v. Sanjay Kumar Bhatia, 1985 Cri LJ 931 (Del).

• Aruna Ramchandra Shanbaug v. Union of India, (2011) 4 SCC 454.

• Common Cause (A Regd. Society) v. Union of India, (2018) 5 SCC 1.

• Indian Penal Code, 1860. Sections 305, 306, 309.

• Indian Medical Council Act, 1956, Section 20A & Code of Medical Ethics Regulations.

• Ministry of Law and Justice. Law Commission Reports on Euthanasia.

• Articles and commentaries on euthanasia and patient rights, various journals.

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How to Cite

Sahil Singh. (2020). Euthanasia and Its Legal Position in India: An Analytical Study. International Journal of Engineering, Science and Humanities, 10(3), 18–26. Retrieved from https://www.ijesh.com/index.php/j/article/view/9