“Do we have a right to die?” 

Author: Shalu Goyal student, Faculty of Law, ICFAI Dehradun

Every person born on this earth has some basic rights which are known as fundamental rights in the Part iii of Constitution of India. These fundamental rights vary from right o equality to a right to judicial remedy. The most important fundamental right is “the Right to life” having various dimensions. Often the debates about having a right to die comes in front, the main argument behind the base is “If I choose my life, my work, my city, my style of life why am I bound to live? Does it make any difference if I choose my life as not to live at all?’ These questions certainly are of much importance came before the apex court to decide-

This question of having a right to die was accepted by the Hon’ble apex court of India in the year 1994[1] hence Section 309[2] of Indian Penal Code was struck down as Unconstitutional which was later on denied by the apex court in the year in the year 1996[3] and again Section 309 of Indian Penal Code proved to be valid and attempt to suicide is a crime.

But meanwhile a situation of a patient in entire helpless situation from last many years came before the Hon’ble supreme court of India in Aruna Shanbaug Case[4] where the Difference Between the passive and Active euthanasia was made. Passive euthanasia was accepted legal in certain situations to be decided on case to case different circumstances by the Courts. Following Guidelines were laid down in this regard by a Bench of Justices Markandeya Katju and Gyan Sudha Misra :

The judgment allowing passive euthanasia will remain in force until such time as Parliament enacts a suitable law on euthanasia. Until then, the following process will be followed:

1 A special two-judge bench will be formed in every high court to decide applications seeking permission for euthanasia.

2 A committee of three reputed doctors from a panel constituted by the high court in consultation with the state government will examine the patient and submit its report to the high court bench.

3 Notices will be issued to all those concerned with the doctor’s report attached.

4 After hearing everyone, the bench will give its verdict. The matter must be dealt with speedily as delays prolong the agony of the patient.

[1] P Rathinam v. Union of India (1994) SCC 394

[2] Attempt to commit suicide: Whoever attempts to commit suicide and does any act towards the commission of such offence, shall be punished with simple imprisonment for a term which may extend to one year or with fine or both.

[3] Gian Kaur v. State of Punjab (1996) SCC 648

[4] Aruna Ramchandra Shanbaug v. Union of India and others. 2011 Mar 7. Writ Petition (criminal) No. 115 of 2009.

 

 

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This Article was prepared or accomplished by  Shalu Goyal in his personal capacity. The opinions expressed in this article are the author’s own and do not reflect the view of the LawOF.in

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