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Tracing Triangular Correlation between Life with Dignity and Death with Dignity in the Backdrop of Leading Case Laws in India
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Sayan Das
Research Scholar & Assistant Professor at School of Law, Galgotias University, India.
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Prof. (Dr.) Namita S. Malik
Professor & Dean, PhD Supervisor at School of Law, Galgotias University, India.
Abstract
“Death is Peaceful; Life is Harder.” This quote by Stephenie Meyer compels one to imagine the misery and pain of a person who wishes to leave for the heavenly abode due to certain compulsive circumstances. The sanctity of human life does not entail the continuance of one’s existence in agony and suffering as a result of one’s actions. Given that everyone has the right to live a dignified life. Here few questions arise ‘What is a dignified Life?’ Whether a person who is not able to live a dignified life has a right to die in a dignified manner? Whether right to die with dignity is recognised as a fundamental right in India? Can a person be forced to live in a way that is detrimental to his or her well-being? This paper explores the concept of death with dignity through a jurisprudential and legal angle. Leading Judgments centred on the issue of life and death such as the Gian Kaur case, Aruna Shanbaug case, and Common Cause (A Registered Society) case are converse to have a better glance of concern associated with death with dignity.
Type
Research Paper
Information
International Journal of Law Management and Humanities, Volume 5, Issue 2, Page 123 - 136
DOI: https://doij.org/10.10000/IJLMH.112823Creative Commons
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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Copyright © IJLMH 2021