Aruna Shanbaug

IS THERE A CONSTITUTIONAL RIGHT TO DIE?

Articles

As per ARTICLE 21 of Indian Constitution, “ no person shall be deprived of his life or personal liberty except according to procedure established by law”. The expression Personal Liberty covers a bundle of rights. Under this, recently a new provision “right to die” include and get predominance same like “ right to life”.In a milestone verdict expanding this right to life. The term right to die has been interpreted by Supreme Court in a number of ways such as passive euthanasia, active euthanasia, physician-assisted suicide, assisted suicide.

This question came for consideration for first time before the High Court of Bombay in a case of  “State of Maharashtra v. MarutiSripati Dubal. In this case the court held that the right to life also includes right to death. But in “Gian Kaur v. State of Punjab” case the Supreme Court overruled the above case.

The main turn of this provision came through the “Aruna Shanbaug” case where right to life with dignity also includes right to die with dignity which verdict was rendered by a Chief Justice Dipak Misra and Justice A K Sikri, D Y Chandrachud. It empowers a sane person to make a “ living will” specifying that if any time anyone slipping into a terminal medicial condition in future, his life should not be prolonged through life support system and it can also be authorised by relative or friend.

Now passive euthanasia is legalized in India .

Shikha Goyal, Student Reporter, INBA

 

Related Post