Examining Euthanasia: Comparative Analysis of the Right to Die in Legal and Ethical Contexts

  • Yash Singh and Pragnya Prachurya Acharya
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  • Yash Singh

    LL.M. Student at Rashtriya Raksha University, India

  • Pragnya Prachurya Acharya

    LL.M. Student at Rashtriya Raksha University, India

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Abstract

God’s most precious creation in this world is life. Despite the advancement of science, the mysteries of life and death remain unsolved. Life is not something that can be created, which is why taking it away is a legal offence. There are situations where the law is uncertain about matters of life and death. Mercy killing or euthanasia is one such case. which is also termed as “Ichha Mrityu” in India. One of the most controversial ethical and legal topics in modern society is euthanasia. The deliberate ending of an individual's life with the aim of mitigating suffering. The right to die, which includes both voluntary euthanasia and assisted suicide, has sparked impassioned debates across the globe. Euthanasia supporters argue that it enables individuals to end their suffering and pass away with dignity & peace, on the other hand, critics argue that the act infringes on the holy nature of life and hampers the value of human existence. To keep the interests of the citizens of India on utmost priority, the Apex Court has always interpreted the constitutional provisions in its broader aspects. In addition to that, the Apex Court also recognises that Article 21 of COI has a very wide scope and the “right to die with dignity” is within its ambit. In Aruna Ramchandra Shanbaug Case, after considering the legality of euthanasia, the Apex Court ruled in favour of legalising passive Euthanasia and formulated a set of guidelines which need to be followed in such cases. This Article tries to put forward a comprehensive comparative analysis of the right to die by putting forward the diverse legal frameworks, ethical perspectives, and cultural attitudes surrounding this complex issue. Firstly, this article deals with the concept, background and evolution of euthanasia. Secondly, this article deals with legal aspects of Euthanasia highlighting the significant variations in legislation across different jurisdictions. This paper examines the real-world consequences and societal consequences of these legal distinctions, illuminating the challenges and benefits associated with each approach. Thirdly, the article deals with the influence of cultural and societal factors on the right to die. It shows how cultural and societal factors interact with legal and ethical considerations, leading to diverse perspectives on euthanasia worldwide. Furthermore, this article includes a comparative analysis of different jurisdictions where euthanasia or assisted suicide is legal. Lastly, By examining the varying legal frameworks, ethical arguments, and cultural attitudes, this article provides a comprehensive overview of the right to die, offering insights into the challenges and opportunities for addressing this contentious issue.

Type

Research Paper

Information

International Journal of Law Management and Humanities, Volume 7, Issue 1, Page 1933 - 1949

DOI: https://doij.org/10.10000/IJLMH.116923

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This is an Open Access article, distributed under the terms of the Creative Commons Attribution -NonCommercial 4.0 International (CC BY-NC 4.0) (https://creativecommons.org/licenses/by-nc/4.0/), which permits remixing, adapting, and building upon the work for non-commercial use, provided the original work is properly cited.

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