Passive Euthanasia: An Analysis of the Supreme Court Judgments

Abstract

Euthanasia is a much debated issue in India and the world at lame as it evokes strong emotions both for and against. In India, there has been a paradigm shift from illegality to legality of passive voluntary euthanasia. Article 21 now includes the 'Right to die' which earlier was unconstitutional. This shift can be seen in the varied judgments and Reports of Law Commissions of India. They paved way for formulation of new guidelines and procedures. The finality of this decision is now pending with the legislative body to frame the necessary law. Any decision will have a mammoth effect on the lives of persons who are suffering from incurable and extremely painful disease. The Court and legislature have based their arguments on legal and Constitutional basis, leaving aside other deliberations such as moral, ethical, economical which according to many who are against the idea of euthanasia have vociferously propagated.