Abstract

Euthanasia is a dilemma due to the presence of more than one course of conduct justified on various grounds. Medical science has devised solutions for battling excruciating pain and agony. The Supreme Court in March 2018 delivered landmark judgment allowing ‘living will’ where, an adult in his conscious mind, is permitted to refuse medical treatment or voluntarily decide not to take medical treatment to embrace death in a natural way. The judgment gave legal recognition to Passive euthanasia in India and robust interpretation of ‘Right to life’ including ‘Right to die’ thereby bringing it within manifold of article-21 of constitution of India. The present paper describes evolution of Euthanasia in India contemporary to Dutch law as well as pros and cones of the landmark judgment in Aruna Shanbaug case.

Highlights

  • Euthanasia is intentional termination of patient’s life by an act or omission of medical care [1]

  • The present paper describes evolution of Euthanasia in India contemporary to Dutch law as well as pros and cones of the landmark judgment in Aruna Shanbaug case

  • The orthodox- prolife proliferators strongly advocate survival as the sole objective of human existence and oppose euthanasia as they believe that life is precious gift of God and it is God only who has the right to take it away

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Summary

INTRODUCTION

Euthanasia is intentional termination of patient’s life by an act or omission of medical care [1]. The other side of the coin emphasizes on quality of life and believes that when the quality of life falls below expected level of dignity due to illness, injury or disability the aggrieved person has the right to die to alleviate from pain as a result of terminal incurable illness. They argue that life should be worth living and when a person is suffering, all things take a back seat except autonomy of patient as such no person can be compelled to enjoy right to life to his/ her disliking or deterrence. Netherland, Canada, Belgium, Columbia and Oregon have legalized euthanasia [4]

DUTCH LAW ON EUTHANASIA
INDIAN SCENARIO PRE ARUNA RAMCHANDRA SHANBAUG JUDGMENT
POST ARUNA RAMCHANDRA SHANBAUG JUDGMENT
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