Author: Siddhant Soni

ABSTRACT:

This comprehensive research report undertakes an exhaustive, critical analysis of the euthanasia laws in India. Euthanasia refers to the deliberate act of ending a person’s life to relieve them from suffering. There are mainly two types of euthanasia: active and passive, of which active euthanasia is not permitted or legally valid in India. This article examines the evolution of euthanasia in the Indian legal system through various landmark judgments, including the recognition of passive euthanasia under judicial guidelines. It further analyses whether the right to die can be considered a fundamental right under Article 21 of the Indian Constitution, which guarantees the right to life and liberty. The paper critically evaluates the legal, ethical and social aspects of euthanasia and explores whether the right to die can be recognized within the constitutional framework. It concludes by emphasizing the need for a balanced approach that respects human dignity while ensuring safeguards against misuse.

INTRODUCTION

Euthanasia is derived from the Greek words “eu”, which means good, and “Thanatos”, which means death. The question of whether an individual has the right to die has long been one of the most talked-about and sensitive issues in legal and ethical discourse. Euthanasia, commonly referred to as “mercy killing,” involves the intentional termination of a person’s life to relieve them from unbearable suffering, particularly in cases of terminal illness or irreversible medical conditions.

The opinion that euthanasia is morally permissible is traceable to Socrates, Plato, and the Stoics. It is rejected in traditional Christian belief, chiefly because it is thought to contravene the prohibition of murder in the Ten Commandments. The organized movement for legalization of euthanasia commenced in England in 1935, when C. Killick Millard founded the Voluntary Euthanasia Legalisation Society (later called the Euthanasia Society). The society’s bill was defeated in the House of Lords in 1936, as was a motion on the same subject in the House of Lords in 1950. In the United States the Euthanasia Society of America was founded in 1938.

The first countries to legalize euthanasia were the Netherlands in 2001 and Belgium in 2002. In 1997 Oregon became the first state in the United States to decriminalize physician-assisted suicide; opponents of the controversial law, however, attempted to have it overturned. In 2009 the Supreme Court of South Korea recognized a “right to die with dignity” in its decision to approve a request by the family of a brain-dead woman that she be removed from life-support systems.

 Euthanasia is classified in to two categories that is: –  

Active Euthanasia

 It is deliberately acting to do something that causes death such as injecting lethal injection to patient which make them die. But in Indian constitution active euthanasia is not legally permissible under article 21 of Indian constitution and any act of this act would be considered as culpable homicide or murder

Passive Euthanasia

Passive euthanasia occurs when the patient dies because the medical professionals either don’t do something necessary to keep the patient alive, or when they stop doing something that is keeping the patient alive.

• switch off life-support machines
• disconnect a feeding tube
• don’t carry out a life-extending operation
• don’t give life-extending drugs

Although passive euthanasia is legally valid in India and as considered as fundamental right under article 21 of the constitution of right to life.

 With active euthanasia not being legislated, what is the extent of a right to passive euthanasia under the Indian Constitution? The sanctity of human life is well-recognised within our Constitution. The individual possesses certain inalienable rights that cannot be waived in circumstances other than those provided by law. Aruna Shanbaug held that passive euthanasia can be applied for by persons in a permanent vegetative state, by approaching the High Court under Article 226 of the Constitution. This was done under the courts adopting a ‘parens patriae’ role.

EVOLUTION OF PASSIVE EUTHANASIA IN INDIA

Passive euthanasia has evolved from a prohibited act to a legally recognized act. It has gone through various phases of judgment to get legally recognized act. This starts with the case of P. Rathinam v. Union of India,1994 where a two-judge bench of the Supreme Court consisted of Hon’ble Justice B.L Hansaria, and Hon’ble Justice R.M. Sahai delivered the judgment on dated 26 April, 1994 that decriminalised the act of suicide. As per Section 309 of IPC criminalises the act of suicide as a punishable crime. The judgement held euthanasia unconstitutional as it violates article 21 of Indian constitution which give right including right to die, and conclude it by saying that punishing someone for their own act of suicide is immoral and irrational given the situation he/she may be in suffering from severe mental agony.

Furthermore, this judgement was overruled in the case of Smt. Gian Kaur v. The State of Punjab, 1996 in which supreme court held that Article 21 of Indian Constitution does not provide with the right to die.

In the case of Aruna Ramchandra Shanbaug v. Union of India, 2011 where the Hon’ble Division Bench of the Supreme Court, comprising Hon’ble Justice Markandey Katju and Hon’ble Justice Gyan Sudha Mishra, delivered this historic judgment on 7 March, 2011 where, the court was of the opinion that based on the doctor report and definition of brain dead as per the statute,  Aruna was not a brain dead she could breathe without a life supporting system and could stimulate to necessary action, although she was in permanent vegetative state but condition was stable. So, the court held that the passive euthanasia is not allowed in this case. 

The case clarified that passive euthanasia is allowed in certain conditions with certain guidelines that has been laid down by the court to assess whether the person should be allowed or not.  Alongside, the court also made a recommendation to repeal Section 309 of the Indian Penal Code. This case is a landmark case as it prescribed the procedure to be followed in an area that has not been legislated upon.

In the landmark case of Common Cause v. Union of India & Ors on 8 October, 2003 supreme court in which SC held that right o die with dignity is part of fundamental right under Article 21 of the Indian constitution. In this judgement court legalizes the passive euthanasia and recognized living will. The court authorized the withdrawal of life support for terminally ill patients in a persistent vegetative state. Living Will an advance directive where Individuals can create a written document outlining medical treatments they refuse to receive in the future, if they become incompetent to make decisions.

The Supreme Court identified five key issues in this case: the distinction between passive and active euthanasia, whether the right to die with dignity is encompassed within the right to live with dignity, the legality of incorporating provisions for passive euthanasia in living wills, the existence of recommendations by the Law Commission of India regarding euthanasia, and the individual’s right to refuse medical treatment.

Recent Precedent: The Harish Rana Case 

It was the first case where the passive euthanasia is allowed. In this case the Supreme court held that artificial nutrition is medical treatment which may be withdrawn for the best interest of the patient.

Passive euthanasia involves withdrawing life-supporting medical treatment so that life is not artificially prolonged. This was the first instance where the passive euthanasia guidelines set out by the Supreme Court in Common Cause v Union of India (2018) were applied to their complete extent. In Common Cause, a Constitution Bench of five judges had held that the right to die with dignity is a facet of the right to life and liberty under Article 21. The guidelines had been simplified in 2023 by another five-judge Bench. 

CONSTITUIONAL VALIDITY OF RIGHT TO DIE:

Right to die has not been mentioned expressly into any of international humanitarian laws, but right to live with dignity is the right which has been mentioned under the international law under covenants which protects and secure the life of everyone. Hence taking into account right to live with dignity

The supreme court of India recognized the right to life with dignity under article 21 of constitution. In Common Cause v. Union of India court legalized passive euthanasia. Here, in this case court held that Right to die comes under our fundamental right of life under Article 21 the court recognized that under right to life with dignity includes right to die, although the court allow right to die with dignity but does not support right to be killed and still seeing suicide as a criminal offence.                                        

 CONCLUSION

“I am the Master of My Fate”, “I am The Captain of My Soul”

Euthanasia is simply intentionally killing someone to  avoid their or suffering or pain , the process must comply with certain procedure for granting permission for euthanasia like there should be no hope of recovery of patient or the patient is in permanent vegetative state, the medical team declare that the patient is not showing any sign of recovery or not stimulating to the action under these condition one go to the court for seeking permission for euthanasia .

Although in India only passive euthanasia is legalized which means withdrawing life support system to end patients life to avoid there suffering and pain, Active euthanasia is not legalized in India , although this legislation does not become reality in one day it has gone through various judgement Like R Rathinaman, 1961 Case, Aruna Shaunbaug, 2011 case and the landmark judgement such as Common Cause Vs Union Of India Case 2018 which give legal validity and make it a part of our fundamental right this law has been recently applied in India first case of applied passive euthanasia

Our constitution also allowed right to die with dignity under right to life as a fundamental right under article 21 of Indian constitution.