{"title":"EUTHANASIA IN INDIA – LEGISLATIVE PERSPECTIVE","authors":"Sailaja Petikam","doi":"10.47743/rdc-2021-1-0004","DOIUrl":null,"url":null,"abstract":"Every human being should enjoy right to life. Article 21 of the Indian Constitution as well \nas under article 3 of International Convention Universal Declaration of Human \nRights, 1948, guaranteed the right to life. Every aspect of right to life has been \nalways subject to consideration of judiciary and depend upon the facts and \nsituations. Right to die is also claimed under this head. Euthanasia is interpreted \nas 'mercy killing' or 'good death'. It is advocated that there are different \nsituations in which it should be allowed to the person to let him choose his \ndeath in place of compelling him living alive. There are different approaches in \nthis regard which either opposes the grant of mercy killing or denies to grant \nthe death as right to die due to some causes. Everyone has the right to live \ndignified life according to his wish being living into certain limits and it is \nexpected that a human being should struggle also in adverse circumstances \naround him. He should not lean in front of the situations. The Indian culture \ngives us such teachings. Hindu religion believes in the eternity of soul. Death is \nonly the way to change a body. The soul never dies, it is eternal. Muslim religion \nalso believes that life should be finished only upon the wish of Allah, it \ncondemns the unnatural ending of life. But in present society in some situations, \nit is defended that the person should have the right to choose death. Thus, in \nthis context the paper concentrated on the law of euthanasia in India in a \nlegislative perspective and judicial interpretations on euthanasia.","PeriodicalId":421528,"journal":{"name":"Revista de Drept Constituțional","volume":"100 1","pages":"0"},"PeriodicalIF":0.0000,"publicationDate":"1900-01-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":"0","resultStr":null,"platform":"Semanticscholar","paperid":null,"PeriodicalName":"Revista de Drept Constituțional","FirstCategoryId":"1085","ListUrlMain":"https://doi.org/10.47743/rdc-2021-1-0004","RegionNum":0,"RegionCategory":null,"ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":null,"EPubDate":"","PubModel":"","JCR":"","JCRName":"","Score":null,"Total":0}
引用次数: 0
Abstract
Every human being should enjoy right to life. Article 21 of the Indian Constitution as well
as under article 3 of International Convention Universal Declaration of Human
Rights, 1948, guaranteed the right to life. Every aspect of right to life has been
always subject to consideration of judiciary and depend upon the facts and
situations. Right to die is also claimed under this head. Euthanasia is interpreted
as 'mercy killing' or 'good death'. It is advocated that there are different
situations in which it should be allowed to the person to let him choose his
death in place of compelling him living alive. There are different approaches in
this regard which either opposes the grant of mercy killing or denies to grant
the death as right to die due to some causes. Everyone has the right to live
dignified life according to his wish being living into certain limits and it is
expected that a human being should struggle also in adverse circumstances
around him. He should not lean in front of the situations. The Indian culture
gives us such teachings. Hindu religion believes in the eternity of soul. Death is
only the way to change a body. The soul never dies, it is eternal. Muslim religion
also believes that life should be finished only upon the wish of Allah, it
condemns the unnatural ending of life. But in present society in some situations,
it is defended that the person should have the right to choose death. Thus, in
this context the paper concentrated on the law of euthanasia in India in a
legislative perspective and judicial interpretations on euthanasia.