Research Scholar at Maharashtra National Law University, Nagpur, India
After the rapid advancement in the field of medical technology has fundamentally altered the natural course of life and death, enabling the artificial prolongation of life even in cases where recovery is near impossible. These developments has brought to the forefront a very complex and sensitive question, that whether life must be preserved at all costs, even when in the absence of consciousness, dignity and hope of recovery. In this context, the concept of euthanasia emerges as a critical legal and ethical issue, with respect to India, where passive euthanasia is permitted under strict guidelines while active euthanasia continuous to be prohibited. This article examines the evolving concept of right to die with dignity as per Article 21 of the Constitution of India. In India, there are few landmark judgements with regard to euthanasia including Gian Kaur, Aruna Shanbaug, and Common Cause Vs. Union India, as well as recent developments in the case of Harish Rana, the study highlights the legal recognition of passive euthanasia as an extension of the right to life. It further explores the difference between active and passive euthanasia, highlighting the ethical and legal implications of withdrawing life-sustaining treatment. The present article also highlights prolonged cases of irreversible medical conditions. It focuses on the realities of patients and caregivers, with eventually leads to emotional distress, financial strain, and the burden of decision making. It reflects on the shifting of societal mindset towards euthanasia, where the emphasis is gradually moving from mere survival to the quality of life. However, the idea of euthanasia still remains a new concept for the traditional society, which is influenced by cultural, moral and religious beliefs. The normalization of passive euthanasia this demands a cautious and balanced approach, which also requires legal frameworks and safeguards. This article positions euthanasia not merely as a question of death, but also throws light into dignity and compassion at the end of life, urging a re-examination of what it truly means to “let go” in a humane and just society.
Research Paper
International Journal of Law Management and Humanities, Volume 9, Issue 2, Page 1746 - 1751
DOI: https://doij.org/10.10000/IJLMH.1111678
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