INTRODUCTION-
Euthanasia, a complex ethical and legal issue, revolves around the deliberate ending of a person’s life to relieve suffering. The right to die with dignity is closely intertwined with euthanasia, advocating for an individual’s autonomy in making end-of-life decisions, especially in cases of terminal illness or unbearable suffering. In India, where cultural, ethical, and legal landscapes are diverse, addressing euthanasia requires careful consideration of constitutional principles and legal frameworks.
Constitutional Framework-
- Right to Life: Article 21 of the Indian Constitution guarantees the fundamental right to life and personal liberty. Over the years, the Supreme Court has interpreted this right expansively, encompassing the right to live with dignity, which inherently includes the right to die with dignity.
- Right to Privacy: In the landmark judgement of Puttaswamy v. Union of India (2017), the Supreme Court of India recognized the right to privacy as a fundamental right under Article 21 of the Constitution of India. This decision bolstered the argument for personal autonomy in making intimate decisions, including those related to medical treatment and end-of-life choices.
Legal Framework in India-
India’s legal approach to euthanasia and the right to die with dignity has evolved through judicial interpretations and legislative actions:
Supreme Court Landmark Decisions:
- Aruna Shanbaug Case (2011): The Supreme Court allowed passive euthanasia in specific cases where patients are in a permanent vegetative state or terminally ill, provided certain conditions are met.
- Common Cause v. Union of India (2018): The Supreme Court further clarified and expanded the legality of passive euthanasia and recognized the concept of advance directives or living wills. These allow individuals to specify their preferences regarding medical treatment if they become incapable of making decisions in the future.
Legislative Actions: An act called the Mental Healthcare Act was passed in 2017 which provides a legal framework for mental health treatment and care in India. It includes provisions for advance directives, ensuring that individuals can outline their preferences regarding medical treatment, including end-of-life care.
Ethical Considerations-
The debate surrounding euthanasia in India encompasses ethical considerations such as patient autonomy, quality of life, protection against abuse or coercion, and the responsibilities of healthcare providers. Balancing these considerations is crucial in crafting laws and policies that respect individual rights while safeguarding against potential misuse.
Conclusion-
In conclusion, India’s approach to euthanasia and the right to die with dignity reflects a balance between constitutional principles, judicial interpretations, and legislative actions. While the recognition of passive euthanasia and advance directives marks significant progress towards respecting individual autonomy in end-of-life decisions, active euthanasia remains prohibited. The evolving legal and ethical landscape underscores the complexity of euthanasia as a socio-legal issue, demanding continued dialogue and careful consideration of human rights and medical ethics. As attitudes and norms evolve, India will likely continue to navigate this sensitive terrain with a focus on compassion, autonomy, and the dignity of individuals facing end-of-life decisions.
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