INSTITUTION AMITY LAW SCHOOL, AMITY UNIVERSITY SECTOR – 125 NOIDA (UP) - 201301
COURSE BEING PURSUED
B.B.A., L.L.B. (Hons) ABSTRACT
“Euthanasia should be an inalienable human right”
Life is a gift of god. Hence an attempt to suicide is a punishable offence in India, and rightly so. But when someone is being forced to breathe in a comatose, vegetative state, the person becomes totally dependent upon the munificence and goodwill gesture of others, in order to just breathe. Such persons, by virtue of fate, become burdensome for some, who might be facing challenges of their own, to survive. Persons in such hapless vegetative state, also lose their right to dignity and privacy, since they have to be washed and cleaned by others to maintain hygiene and sanitation requirements. Article 21 of Indian Constitution confers upon us the “right to life”, which has an implied meaning of living with dignity. But there is no such Article in the Constitution of India, which confers the right to die with dignity, through euthanasia. Euthanasia is a painless and honorable exit to this world, in cases of persons in vegetative, comatose state. The Aruna Shaunbag case was a watershed moment in history, since it was in this case, wherein the Supreme Court in a landmark judgement delivered on 07 March 2011, issued a broad set of guidelines legalizing passive euthanasia in India. Not withstanding, there is a need to frame a law in India on euthanasia, in social, legal, medical and constitutional perspective, which will benefit humanity as a whole. The need of the hour is the tabling of a Bill in Parliament to legalize euthanasia. Given the social fabric of our country, it is inferred that debates will be intense, for and against euthanasia, in both houses of the Parliament.