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Euthanasia in India Essay | Essay on Euthanasia in India for Students and Children in English

October 21, 2024 by Prasanna

Euthanasia in India Essay:  The Supreme Court of India passed an order in a landmark judgment that allowed passive euthanasia in India. This order declared the fundamental right of a patient to die with dignity.

According to the reports of some top news reports in India, a five-judge bench of the apex court led by the Chief Justice of Supreme Court of India, and other Justices issued a guideline that stated the living would be made terminally-ill patients.

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Long and Short Essays on Euthanasia in India for Students and Kids in English

We provide students with essay samples on a long essay of 500 words and a short essay of 150 words on the topic Euthanasia In India for reference.

Long Essay on Euthanasia in India 500 Words in English

Long Essay on Euthanasia in India is usually given to classes 7, 8, 9, and 10.

According to the strict guidelines passed by the Supreme Court of India on 9th March in 2018, passive euthanasia has been legalized in India. These guidelines allow patients who are either terminally ill or vegetative to give consent with the will to live. Euthanasia in India was legalized as a part of the verdict in a patient, Aruna Shanbaug, who was in a Persistent Vegetative State (PVS) and later died in 2015.

Pinki Virani’s plea to the Supreme Court of India in December 2009 made the judgment of euthanasia in India pass, under the Constitutional provision of “Next Friend.” In this landmark law, the power of choice to live or die is given to the hands of the individual who is suffering from any terminal illness and not to any government, medical or religious control.

Two irreversible conditions were specified by the Supreme Court of India to permit euthanasia in India in its 2011 Passive Euthanasia Law. These two conditions are i) Ventilator can be switched off for a brain-dead person. ii) Pain-managing palliatives can be added, and the feed can be tapered out for those in Persistent Vegetative State according to some laid-down international specifications.

This same law made for legalizing euthanasia in India also asked for the scrapping of code 309, which punishes the people who survive suicide attempts. The Government of India declared its intentions to agree with the law in December 2014.

The High Court, through lethal injection, rejected active euthanasia in India. There was no law for regulating euthanasia in India at that time. So, the court stated that their decision would remain as the law of the land until the Parliament of India enacts a fair law. Active euthanasia is still illegal in India and most other countries.

That one person with whom the whole case of legalizing euthanasia in India is related is Aruna Shanbaug. She was a nurse in King Edward Memorial Hospital, Parel, Mumbai. On 27th November 1973, Sohanlal Walmiki, a sweeper, strangled her with a chain and sodomized her. Deprivation of oxygen made Aruna go through a vegetative state from then. She was being treated in the KEM hospital, and doctors used a feeding tube to keep her alive.

A social activist Pinki Virani, who was also a friend of Aruna, filed a petition in the Supreme Court, arguing that the patient’s continued existence was a violation of her right to live in dignity. The Supreme Court of India made its decision on 7th March 2011 and rejected the plea to discontinue Aruna Shanbaug’s life support. But, the court issued several broad guidelines that legalized euthanasia in India.

According to the guidelines issued by the Supreme Court of India, passive euthanasia includes the withdrawal of treatment and food that would allow the patient suffering from a terminal illness or vegetative state to live. The doctors and staff of the KEM hospital didn’t support euthanizing Aruna. Aruna died on 18th May 2015 from pneumonia after being in a coma for 42 years.

Short Essay on Euthanasia in India 150 Words in English

Short Essay on Euthanasia in India is usually given to classes 1, 2, 3, 4, 5, and 6.

Passive euthanasia is a guideline that states that a person suffering from a terminal illness or in a vegetative state has the right to tell the hospital staff to stop his/her life support. Passive euthanasia includes the withdrawal of treatment and food that helps the patient to live.

Aruna Shanbaug was a nurse in King Edward Memorial Hospital, Parel, Mumbai. On 27th November 1973, Sohanlal Walmiki, a sweeper, strangled her with a chain and sodomized her. Deprivation of oxygen made Aruna go through a vegetative state from then. She was being treated in the KEM hospital, and doctors used a feeding tube to keep her alive.

10 Lines on Euthanasia in India in English

• Euthanasia was legalized in India on 9th March 2018.
• The whole case of euthanasia is related to Aruna Shanbaug.
• Aruna Shanbaug was a nurse at King Edward Memorial Hospital in Mumbai.
• She was strangled and sodomized by a sweeper.
• Aruna’s friend Pinki Virani filed a petition in the Supreme Court, arguing that the patient’s continued existence was a violation of her right to live in dignity.
• The Supreme Court at that time discarded the plea and issued broad guidelines legalizing passive euthanasia in India.
• Active euthanasia is illegal in India and many other countries.
• Passive euthanasia is done by stopping treatment and withdrawing food that let the patient live.
• A patient must be terminally ill or in a vegetative state to appeal for euthanasia.
• Aruna Shanbaug died from pneumonia after being in a coma for 42 years.

FAQ’s on Euthanasia in India Essay

Question 1.  What is euthanasia?

Answer: Euthanasia is a process legalized in India by the Supreme Court that allows patients who are either terminally ill or in a vegetative state to consent with the will to live.

Question 2.  How is euthanasia done?

Answer: Euthanasia is done by stopping any treatment and withdrawing food that helps the patient to live.

Question 3.  When was passive euthanasia legalized in India?

Answer: According to the strict guidelines passed by the Supreme Court of India on 9th March in 2018, passive euthanasia has been legalized in India.

Question 4.  Who filed a petition related to euthanasia in India first?

Answer: Pinki Virani, a social activist and a friend of Aruna Shanbaug, filed the petition related to euthanasia for the first time in India.

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Euthanasia in India

What’s in today’s article?

Why in news, what is euthanasia, draft guidelines on passive euthanasia.

• The 'Draft Guidelines for Withdrawal of Life Support in Terminally Ill Patients,' was released by the Union Health Ministry. Feedback and suggestions have been invited from the stakeholders on the draft by October 20.
• While doctors have been informally advising families to withdraw care for terminal patients, there was no formal legal framework.
• Euthanasia is defined as the hastening of death of a patient to prevent further sufferings .
• Active euthanasia refers to the physician deliberate act, usually the administration of lethal drugs, to end an incurably or terminally ill patient’s life.
• Voluntary euthanasia – at patient request, 
• Nonvoluntary – without patient consent, 
• Involuntary euthanasia – patient is not in a position to give consent.
• Passive euthanasia refers to the intentional withholding or withdrawal of medical treatments or life-sustaining interventions, allowing a person to die naturally from their underlying condition. 
• This can include stopping treatments like ventilators, feeding tubes, or medications that keep the patient alive.
• Decisions for passive euthanasia are typically made based on the patient's wishes, advance directives, or through family members and healthcare proxies when the patient cannot make decisions themselves. 
• It said that a terminally ill person can opt for passive euthanasia and execute a living will to refuse medical treatment. 
• The Court permitted an individual to draft a living will specifying that she or he will not be put on life support if they slip into an incurable coma.
• The Court recognised the right to die with dignity as a fundamental right and an aspect of Article 21 (Right to Life).
• In India, active euthanasia is a crime. 
• Only those who are brain dead can be taken off life support with the help of family members.
• Euthanasia is legal in several countries. Euthanasia is legal in the Netherlands, Belgium, Luxembourg, and Spain. 
• Switzerland allows assisted suicide. 
• Canada permits both euthanasia and assisted suicide, while certain U.S. states, such as Oregon, Washington, and California, allow assisted suicide under strict regulations. Colombia has legalized euthanasia. 
• Each country or region has specific criteria, such as terminal illness or unbearable suffering, that must be met for euthanasia or assisted suicide to be performed legally.
• The draft has defined terminal illness as an irreversible or incurable condition from which death is inevitable in the foreseeable future.
• The individual has been declared brainstem dead.
• There is a medical assessment that the patient's condition is advanced and unlikely to improve with aggressive treatment.
• The patient or their surrogate has provided informed refusal to continue life support after understanding the prognosis.
• The procedure follows the directives set by the Supreme Court.
• Developed by AIIMS experts, these guidelines allow patients to decide on life support and resuscitation. 
• They also permit the withdrawal of supportive care such as ventilation or dialysis if a patient is brain dead, unlikely to benefit from further intervention, and if the patient or surrogate refuses care.
• The guidelines also mention advance medical directives, where individuals document their treatment preferences in case they lose decision-making capacity. 
• The physician, upon deeming life-sustaining treatments inappropriate, will refer the case to a primary medical board for review. 
• If the board agrees, a shared decision is made with the family, and a secondary medical board’s approval is required before withdrawing support.

Q.1. What are the main provisions of India’s new passive euthanasia guidelines?

The guidelines allow terminally ill patients to decide on life support and resuscitation. Patients or their surrogates can refuse care if the condition is deemed incurable, following a review by medical boards. Advance medical directives are also recognized.

Q.2. How does India’s legal framework handle passive euthanasia?

The Supreme Court's 2018 ruling recognizes the right to die with dignity, allowing passive euthanasia. Active euthanasia remains illegal, but patients can refuse life-sustaining treatment through a living will, aligning with the draft guidelines .

Source: Govt comes up with new draft guidelines on passive euthanasia

Times of India

© 2024 Vajiram & Ravi. All rights reserved

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Essay on Euthanasia: 100, 200 and 300 Words Samples

• Updated on  
• February 22, 2024

Essay on Euthanasia: Euthanasia refers to the act of killing a person without any emotions or mercy. Euthanasia is an ethnically complex and controversial topic, with different perspectives and legal regulations on different topics. School students and individuals preparing for competitive exams are given assigned topics like essays on euthanasia. The objective of such topics is to check the candidate’s perspectives and what punishment should be morally and legally right according to them. 

If you are assigned an essay on euthanasia, it means your examiner or teacher wants to know your level of understanding of the topic. In this article, we will provide you with some samples of essays on euthanasia. Feel free to take ideas from the essays discussed below.

Master the art of essay writing with our blog on How to Write an Essay in English .

Table of Contents

• 1 Essay on Euthanasia in 150 Words
• 2.1 Euthanasia Vs Physician-Assisted Suicide
• 2.2 Euthanasia Classification
• 3 Is Euthanasia Bad?

Essay on Euthanasia in 150 Words

Euthanasia or mercy killing is the act of deliberately ending a person’s life.  This term was coined by Sir Francis Bacon. Different countries have their perspectives and laws against such harmful acts. The Government of India, 2016, drafted a bill on passive euthanasia and called it ‘The Medical Treatment of Terminally Ill Patient’s Bill (Protection of Patients and Medical Practitioners). 

Euthanasia is divided into different classifications: Voluntary, Involuntary and Non-Voluntary. Voluntary euthanasia is legal in countries like Belgium and the Netherlands, with the patient’s consent. On one side, some supporters argue for an individual’s right to autonomy and a dignified death. On the other hand, the opponents raise concerns about the sanctity of life, the potential for abuse, and the slippery slope towards devaluing human existence. The ethical debate extends to questions of consent, quality of life, and societal implications.

Also Read: Essay on National Science Day for Students in English

Essay on Euthanasia in 350 Words

The term ‘Euthanasia’ was first coined by Sir Francis Bacon, who referred to an easy and painless death, without necessarily implying intentional or assisted actions. In recent years, different countries have come up with different approaches, and legal regulations against euthanasia have been put forward. 

In 2016, the government of India drafted a bill, where euthanasia was categorised as a punishable offence. According to Sections 309 and 306 of the Indian Penal Code, any attempt to commit suicide and abetment of suicide is a punishable offence. However, if a person is brain dead, only then he or she can be taken off life support only with the help of family members.

Euthanasia Vs Physician-Assisted Suicide

Euthanasia is the act of intentionally causing the death of a person to relieve their suffering, typically due to a terminal illness or unbearable pain. 

Physician-assisted suicide involves a medical professional providing the means or information necessary for a person to end their own life, typically by prescribing a lethal dose of medication.

In euthanasia, a third party, often a healthcare professional, administers a lethal substance or performs an action directly causing the person’s death.

It is the final decision of the patient that brings out the decision of their death.

Euthanasia Classification

Voluntary Euthanasia

It refers to the situation when the person who is suffering explicitly requests or consents to euthanasia. A patient with a terminal illness may express his or her clear and informed desire to end their life to a medical professional.

Involuntary

It refers to the situation when euthanasia is performed without the explicit consent of the person, often due to the individual being unable to communicate their wishes.

Non-Voluntary

In this situation, euthanasia is performed without the explicit consent of the person, and the person’s wishes are unknown.

Active euthanasia refers to the deliberate action of causing a person’s death, such as administering a lethal dose of medication.

It means allowing a person to die by withholding or withdrawing treatment or life-sustaining measures.

Euthanasia and assisted suicide are a defeat for all. We are called never to abandon those who are suffering, never giving up but caring and loving to restore hope. — Pope Francis (@Pontifex) June 5, 2019

Also Read: Essay on Cleanliness

Is Euthanasia Bad?

Euthanasia is a subjective term and its perspectives vary from person to person. Different cultures, countries and religions have their own set of values and beliefs. Life is sacred and gifted to us by god or nature. Therefore, intentionally causing death goes against moral and religious beliefs. 

However, some people have raised concerns about the potential for a slippery slope, where the acceptance of euthanasia could lead to the devaluation of human life, involuntary euthanasia, or abuse of the practice. Some even argue that euthanasia conflicts with their traditional medical ethics of preserving life and prioritizing the well-being of the patient.

Today, countries like the Netherlands and Belgium have legalised euthanasia. In India, the USA and the UK, it is a punishable offence with varying sentences and fines. Euthanasia is a complex and controversial topic and creating a law against or for it requires a comprehensive study by experts and the opinions of all sections of society. 

Ans: Euthanasia refers to the act of killing a person without any emotions or mercy. Euthanasia is an ethnically complex and controversial topic, with different perspectives and legal regulations on different topics.

Ans: The term ‘Euthanasia’ was first coined by Sir Francis Bacon, who referred to an easy and painless death, without necessarily implying intentional or assisted actions. In recent years, different countries have come up with different approaches, and legal regulations against euthanasia have been put forward.  In 2016, the government of India drafted a bill, where euthanasia was categorised as a punishable offence. According to Sections 309 and 306 of the Indian Penal Code, any attempt to commit suicide and abetment of suicide is a punishable offence. However, if a person is brain dead, only then he or she can be taken off life support only with the help of family members.

Ans: Belgium and the Netherlands have legalised euthanasia. However, it is banned in India.

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With an experience of over a year, I've developed a passion for writing blogs on wide range of topics. I am mostly inspired from topics related to social and environmental fields, where you come up with a positive outcome.

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Euthanasia – Arguments in Favour and Against

Last updated on April 7, 2024 by ClearIAS Team

Euthanasia is the deliberate act of ending a person’s life to relieve them of suffering. It is a complex and ethically sensitive topic that has sparked debates and discussions worldwide. There are different forms of euthanasia, and it is regulated differently in various countries.

Euthanasia (“good death”) is the practice of intentionally ending a life to relieve pain and suffering. It is also known as ‘mercy killing’.

In many countries, there is a divisive public controversy over the moral, ethical, and legal issues of euthanasia. Euthanasia is categorized in different ways, which include voluntary, non-voluntary, or involuntary. Euthanasia is also classified into active and passive Euthanasia.

Table of Contents

Voluntary, Non-Voluntary, and Involuntary Euthanasia

• Voluntary euthanasia: It is conducted with the consent of the patient and is termed voluntary euthanasia. Voluntary euthanasia is legal in some countries. Jurisdictions, where euthanasia is legal, include the Netherlands, Colombia, Belgium, and Luxembourg.
• Non-Voluntary euthanasia: It is conducted where the consent of the patient is unavailable and is termed non-voluntary euthanasia. Non-voluntary euthanasia is illegal in all countries. Examples include child euthanasia, which is illegal worldwide but decriminalized under certain specific circumstances in the Netherlands under the Groningen Protocol.
• Involuntary euthanasia: It is conducted against the will of the patient and is termed involuntary euthanasia. Involuntary euthanasia is usually considered murder.

Passive vs Active euthanasia

Voluntary, non-voluntary, and involuntary euthanasia can all be further divided into passive or active variants.

• Passive euthanasia entails the withholding of common treatments, such as antibiotics, necessary for the continuance of life.
• Active euthanasia entails the use of lethal substances or forces, such as administering a lethal injection, to kill and is the most controversial means.

Euthanasia debate

Euthanasia raises profound ethical and moral questions. Supporters argue that it can be a compassionate and dignified way to end suffering, particularly in cases of terminal illness.

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Opponents argue that it raises significant ethical concerns, including the potential for abuse, coercion, and mistakes in diagnosing terminal conditions.

Arguments in Favor

Historically, the euthanasia debate has tended to focus on several key concerns. According to euthanasia opponent Ezekiel Emanuel, proponents of euthanasia have presented four main arguments:

• that people have a right to self-determination, and thus should be allowed to choose their fate
• assisting a subject to die might be a better choice than requiring that they continue to suffer
• the distinction between passive euthanasia, which is often permitted, and active euthanasia, which is not substantive (or that the underlying principle–the doctrine of double effect–is unreasonable or unsound);
• permitting euthanasia will not necessarily lead to unacceptable consequences. Pro-euthanasia activists often point to countries like the Netherlands and Belgium, and states like Oregon, where euthanasia has been legalized, to argue that it is mostly unproblematic.
• Constitution of India: ‘Right to life’ is a natural right embodied in Article 21 but euthanasia/suicide is an unnatural termination or extinction of life and, therefore, incompatible and inconsistent with the concept of ‘right to life’. The State must protect life and the physician’s duty to provide care and not to harm patients. Supreme Court in Gian Kaur Case 1996 has held that the right to life under Article 21 does not include the right to die.
• Caregiver’s burden: Right-to-die supporters argue that people who have an incurable, degenerative, disabling, or debilitating condition should be allowed to die in dignity. This argument is further defended by those, who have chronic debilitating illness even though it is not terminal such as severe mental illness. The majority of such petitions are filed by the sufferers or family members or their caretakers. The caregiver’s burden is huge and cuts across various financial, emotional, time, physical, mental, and social domains.
• Refusing care: The right to refuse medical treatment is well recognized in law, including medical treatment that sustains or prolongs life. For example, a patient suffering from blood cancer can refuse treatment or deny feeds through a nasogastric tube. Recognition of the right to refuse treatment gives way to passive euthanasia.
• Encouraging organ transplantation: Mercy killing in terminally ill patients provides an opportunity to advocate for organ donation. This, in turn, will help many patients with organ failure waiting for transplantation. Not only does euthanasia give the ‘Right to die‘ for the terminally ill, but also the ‘Right to life‘ for the organ needy patients.

Arguments against

Emanuel argues that there are four major arguments presented by opponents of euthanasia:

• not all deaths are painful;
• alternatives, such as cessation of active treatment, combined with the use of effective pain relief, are available;
• the distinction between active and passive euthanasia is morally significant; and
• legalizing euthanasia will place society on a slippery slope, which will lead to unacceptable consequences
• Euthanasia weakens society’s respect for the sanctity of life.
• Euthanasia might not be in a person’s best interests, for example, getting old-aged parents killed for property will.
• Belief in God’s miracle of curing the terminally ill.
• The prospect of a discovery of a possible cure for the disease shortly.
• Proper palliative care makes euthanasia unnecessary.
• There is no way of properly regulating euthanasia.
• Allowing euthanasia will lead to less good care for the terminally ill.
• Allowing euthanasia undermines the commitment of doctors and nurses to save lives.
• Euthanasia may become a cost-effective way to treat the terminally ill.
• Allowing euthanasia will discourage the search for new cures and treatments for the terminally ill.
• Euthanasia gives too much power to doctors.

Euthanasia in India

Passive euthanasia is legal in India. On 7 March 2011, the Supreme Court of India legalized passive euthanasia using the withdrawal of life support to patients in a permanent vegetative state. The decision was made as part of the verdict in a case involving Aruna Shanbaug, who had been in a Persistent Vegetative State (PVS) for 42 years until she died in 2015.

The Aruna Shanbaug Case

In March 2011, the Supreme Court of India passed a historic judgment permitting Passive Euthanasia in the country. This judgment was passed after Pinki Virani’s plea to the highest court in December 2009 under the Constitutional provision of “Next Friend”. It’s a landmark law which places the power of choice in the hands of the individual, over government, medical or religious control which sees all suffering as “destiny”. The Supreme Court specified two irreversible conditions to permit Passive Euthanasia Law in its 2011 Law:

• The brain-dead for whom the ventilator can be switched off.
• Those in a Persistent Vegetative State (PVS) for whom the feed can be tapered out and pain-managing palliatives be added, according to laid-down international specifications.

The same judgment law also asked for the scrapping of 309 , the code that penalizes those who survive suicide attempts. In December 2014, the Government of India declared its intention.

PIL filed by Common Cause

However, on 25 February 2014, a three-judge bench of the Supreme Court of India termed the judgment in the Aruna Shanbaug case to be ‘inconsistent in itself’ and referred the issue of euthanasia to its five-judge Constitution bench on a PIL filed by Common Cause , which case is the basis of the current debate.

Then, the CJI referred to an earlier Constitution Bench judgment which, in the Gian Kaur case , “did not express any binding view on the subject of euthanasia; rather it reiterated that the legislature would be the appropriate authority to bring change.” Though that judgment said the right to live with dignity under Article 21 was inclusive of the right to die with dignity, it did not conclude the validity of euthanasia, be it active or passive.

“So, the only judgment that holds the field about euthanasia in India is the ruling in the Aruna Shanbaug case, which upholds the validity of passive euthanasia and lays down an elaborate procedure for executing the same on the wrong premise that the Constitution Bench in Gian Kaur had upheld the same,” the CJI said.

Common Cause Case: In 2018, the Supreme Court issued a significant judgment in the Common Cause case. The court recognized the right to die with dignity as a fundamental right and permitted passive euthanasia. It provided guidelines for the process and conditions under which passive euthanasia could be allowed.

Government’s endorsement of Passive Euthanasia

On December 23, 2014, the Government of India endorsed and re-validated the Passive Euthanasia judgment law in a Press Release, after stating in the Rajya Sabha as follows: The Hon’ble Supreme Court of India, while dismissing the plea for mercy killing in a particular case, laid down comprehensive guidelines to process cases relating to passive euthanasia.

Thereafter, the matter of mercy killing was examined in consultation with the Ministry of Law and Justice and it has been decided that since the Hon’ble Supreme Court has already laid down the guidelines, these should be followed and treated as law in such cases. At present, there is no legislation on this subject and the judgment of the Hon’ble Supreme Court is binding on all.

The court rejected active euthanasia using lethal injection. In the absence of a law regulating euthanasia in India, the court stated that its decision becomes the law of the land until the Indian parliament enacts a suitable law. Active euthanasia, including the administration of lethal compounds to end life, is still illegal in India, and in most countries.

As India had no law about euthanasia, the Supreme Court’s guidelines are law until and unless Parliament passes legislation. The following guidelines were laid down:

• A decision has to be taken to discontinue life support either by the parents the spouse or other close relatives, or in the absence of any of them, such a decision can be taken even by a person or a body of persons acting as a next friend. It can also be taken by the doctors attending the patient. However, the decision should be taken bona fide in the best interest of the patient.
• Even if a decision is taken by the near relatives or doctors or next friend to withdraw life support, such a decision requires approval from the High Court concerned.
• When such an application is filled, the Chief Justice of the High Court should forthwith constitute a Bench of at least two Judges who should decide whether to approve or not. A committee of three reputed doctors to be nominated by the Bench, will report the condition of the patient. Before giving the verdict, a notice regarding the report should be given to the close relatives and the State. After hearing the parties, the High Court can give its verdict.

A law commission had proposed legislation on “passive euthanasia”, it said. According to the Centre, the decision to come out with a bill was taken after considering the directives of the apex court, the law commission’s 241st report, and a private member bill introduced in Parliament in 2014.

The Centre said that initially, a meeting was held under the chairmanship of B.P. Sharma, secretary in the Health and Family Welfare Ministry, on May 22, 2015, to examine the draft of The Medical Treatment of Terminally Ill Patients (Protection of Patients and Medical Practitioners) Bill and the draft of The Euthanasia (Regulation) Bill.

This move to introduce a bill is a welcome step to clear the grey areas in the Euthanasia debate. Students can also link to this issue while answering questions on:

• Judicial activism: SC framing laws when the parliament hasn’t. Just like the Visaka case.
• Ethical dilemma in Paper 4 .

In India,  euthanasia has no legal aspect , and there is no penal law yet introduced in the IPC that specifically deals with euthanasia.

• However, the Supreme Court of India legalized passive euthanasia in 2018 with some conditions, allowing patients to withdraw medical support if they go into an irreversible coma.
• Passive euthanasia is a matter of ‘living will’, and an adult in their conscious mind is permitted to refuse medical treatment or voluntarily decide not to take medical treatment to embrace death naturally, under certain conditions.
• Individuals are only allowed to draft a living will while in a normal state of health and mind.
• Active euthanasia remains illegal in India.

Read:  Living wills

Article by: Jishnu J Raju

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Reader Interactions

February 11, 2016 at 3:48 pm

excellent one..

February 24, 2016 at 8:34 pm

Giving passive euthanasia to a patient who is already dead (not literally) is a right choice.Its better than making them as well as others to suffer.

July 20, 2017 at 4:28 pm

so very true.

July 1, 2016 at 10:58 pm

If the patient does not wants to suffer and himself asking for euthanasia then voluntary euthanasia should be made legal because it will be difficult for him to live than to die. But in case of involuntary euthanasia, there should be some specific time limit upto which the patient’s relatives must wait for him to recover but if there is no improvement like in case of coma , after 7-10 years , there is less chances of the patient to recover. In such cases , involuntary euthanasia should be made legal.

March 16, 2017 at 12:37 pm

no it is not possible If the patient tends to recover over a period of time or suddenly he becomes normal then the involuntary euthanasia will become very dangerous

March 16, 2017 at 12:35 pm

Very Very Useful

June 26, 2018 at 8:12 am

Helpful source I can use to rely on research. Thank you so much, clear IAS.

May 17, 2019 at 9:58 pm

Thanku for quality content

May 23, 2020 at 10:27 pm

“Mercy Killing ” is a responsible debate . It mainly depends on persons will on his /her life.

July 2, 2020 at 2:26 pm

Euthanasia should not be accepted as there is always some hope for better.

May 24, 2021 at 11:57 am

If under Article 21 of the constitution, right to live with dignity is inclusive of right to die with dignity, then why should the provisions under the Euthanasia act be restricted to the old and dying patients. There are a lot of people in their 60s and 70s with limited financial resources, who feel neglected / unwanted by the family who would like to die with dignity rather than be dependent on their children or the other members of family. They may be in good health but would still like to self determine to end their life with dignity. In such cases the law should allow for such people to adopt active Euthanasia. Such people could be persuaded to donate their organs which will help save other lives.

August 25, 2021 at 9:40 am

euthanasia cannot be legalised because of its higher probability of misuse. whether it is for property, money or because of any family problem

August 4, 2022 at 12:11 pm

A thought for all: If you do not have a choice to life, i.e. choose to be born then how can choosing your own means of death, be fair or valid? Something you cannot create or re-created is not yours to manage. My say: God is the giver of life and He alone should take it. Our sufferings are a means of learning, loving, understanding and above all our closeness to Almighty God.

June 28, 2023 at 6:36 pm

ur death is already written whether you take it or god does so doesnt matter

September 19, 2022 at 12:47 pm

I can’t put my dog to sleep for I am as old as he; and despite our handicaps he also wants to live like me.

Boghos L. Artinian

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Indian Journal of Law and Legal Research ISSN: 2582-8878 | PIF: 6.605 Indexed at Manupatra, Google Scholar, HeinOnline & ROAD

Life, Death, And Dignity: Navigating Euthanasia And The Right To Die In India

Harsh Jain, Indore Institute of Law, Indore (M.P.)

This Article examines the moral and legal implications of euthanasia and the right to die in India, emphasising significant court rulings that have influenced the nation’s philosophy of end-of-life care. Euthanasia, also known as “mercy killing,” is a complicated junction of legal medical, and human rights considerations. From early discussions about suicide to the Supreme Court’s recognition of passive euthanasia in Aruna Shanbaug v. Union of India (2011) and the recognition of the Right to Die under Article 211 of the Indian Constitution. Passive euthanasia is now lawful under certain conditions, but active euthanasia is still prohibited.

The article discusses the notion of dying with dignity, the legal situation of euthanasia in India at the moment, and the continuous ethical worries about autonomy, the sanctity of life, and the possibility of misuse. Through this analysis, the article draws attention to the tenuous balance that exists in Indian law between protecting life and upholding a person’s right to die with dignity. The article also explores moral conundrums related to euthanasia, including medical ethics and patient vulnerability. The article provides insights into the continuing discussion around euthanasia and its possible place in India’s legal and ethical environment by examining significant case laws and the country’s present legal situation.

Keywords: Euthanasia, Mercy-killing, Article 21, Conundrums.

• Volume VI Issue V

Commentaires

Indian Journal of Law and Legal Research

Abbreviation : IJLLR

ISSN: 2582-8878

Website: www.ijllr.com

Accessibility: Open Access

License: Creative Commons 4.0

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​All research articles published in The Indian Journal of Law and Legal Research are fully open access. i.e. immediately freely available to read, download and share. Articles are published under the terms of a Creative Commons license which permits use, distribution and reproduction in any medium, provided the original work is properly cited.

Disclaimer:

The opinions expressed in this publication are those of the authors . They do not purport to reflect the opinions or views of the IJLLR or its members. The designations employed in this publication and the presentation of material therein do not imply the expression of any opinion whatsoever on the part of the IJLLR.

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Euthanasia In India: Definition, Types, and Legal Aspects

Recently, a 28-year-old Dutch woman legally ended her life due to her struggle with crippling depression, autism and personality disorder.

French President Presents a Bill on Assisted Dying

• In January 2024, the French President presented a Bill on assisted dying to legalize euthanasia for the terminally ill.
• Living wills implementation lags in India even after the six years of the Supreme Court declaring that Indians have the right to die with dignity.

About Euthanasia

• Refers: The practice under which an individual intentionally ends his/her life to get relief from an incurable condition, or intolerable suffering.
• Active euthanasia: It involves an active intervention to end a person’s life with substances or external force, such as administering a lethal injection.                                                  
• Passive euthanasia: It refers to withdrawing life support or treatment that is essential to keep a terminally ill person alive.
• Voluntary euthanasia: It takes place with the consent of the patient. 
• Involuntary euthanasia: It is administered without the patient’s consent.  

Euthanasia In India

• Aruna Ramchandra Shanbaug v. Union of India (2011) : In this case, the Supreme Court had held that passive euthanasia can be allowed under exceptional circumstances.
• Living Will: A living will is a legal document that specifies the type of medical care that an individual does or does not want in the event they are unable to communicate their wishes.
• It is also known as an advance directive.
• In 2023 the Supreme Court modified the guidelines to make the right to die with dignity more accessible.

Global Trends

• Netherlands, Luxembourg, Belgium: These Countries allow both euthanasia and assisted suicide for anyone who faces “unbearable suffering” that has no chance of improvement.
• Switzerland:  Switzerland has banned euthanasia but allows assisted dying in the presence of a doctor or physician.
• Canada:  Canada had announced that euthanasia and assisted dying would be allowed for mentally ill patients by March 2023; however, the decision has been widely criticized, and the move may be delayed.
• United States: USA has different laws in different states. Euthanasia is allowed in some states like Washington, Oregon, and Montana.
• United Kingdom: The United Kingdom considers it illegal and equivalent to manslaughter.

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