Right to Die – India and around the world

Author: Dipika Mahale, ILS Law College, Pune

“I’m not afraid of being dead. I’m just afraid of what might have to go through to get there.”

-Pamela Bone.

We are living in the world where you choose country, choose your spouse, choose your business, you can choose how to live, but you cannot choose how to die. Everyone agree that life is the most precious gift that human being has been given. In spite of that, there are situations when life becomes so difficult or unbearable, so suffers wish in that situation that they were dead or had never been born.

In India there was huge discussion relating to the right to die. Whether it is included in right to life or not?

Right to life versus right to die in India

Art, 21 confers on a person the right to live a dignified life. Dose it also confers a right not to live or right to die if a person choose to end his life; if so, what is the use of sec. 309 of IPC 1860, which punish a person who attempting to commit suicide?

The question arises whether right to life under Art. 21 includes right to die or not. This question came for consideration for first time before the H.C. of Bombay in

State of Maharashtra v/s Maruti Sripati Dubal[1] In this case the Bombay H.C. held that the right to life guarantees under Art.21 includes right to die , and stuck down sec.309 IPC which provides punishment for attempt to commit suicide by a person as unconstitutional.

1. Rathinam v/s Union of India[2] it was held that the ‘right to life and liberty’ under Art. 21 also includes ‘right to die’

Gian Kaur v/s State of Punjab[3] The Court overruled the decision of the Division Bench in the above stated cases and has put an end to the controversy and ruled that Art.21 is a provision guarantee protection of life and personal liberty.

New dimension to the right to die (Aruna Shanbaug case)

Euthanasia is termination of life of person who is terminally ill or in a permanent vegetative state. In other words intentionally ending of life in order to relieve pain and suffering. In the important judgment – Aruna Ramchandra Shanbaug v/s UOI, (2011) 4 SCC 454 the SC allowed “passive euthanasia” of withdrawing life support to patient in permanently vegetative state (PVS) but rejected active euthanasia of ending life through administration of lethal substances. So in connection of this the SC allowed passive euthanasia as permissible under section 309 of the IPC.

Right to die around the world

Euthanasia is categorized in different ways, which includes voluntary, non-voluntary and involuntary. Voluntary euthanasia is legal in some countries like Belgium, Netherland, etc., Non-voluntary euthanasia is illegal in all countries. Invalid euthanasia is usually considered murder.

• Netherland – In April 2002, the Netherland becomes the first country to legalise euthanasia and assisted suicide. It imposes strict set of conditions that the patients must be suffering from unbearable pain and the demand must be made in “full consciousness” by the patient.
• United State – Since 1997, three states in the US have passed assisted suicide laws. Oregon, Washington and Vermont have laws that provide a protocol for the practice of physician assisted suicide.
• Germany and Switzerland – In Germany and Switzerland, active assisted suicide i.e., a doctor prescribing and handling over a lethal drug is illegal. But German and Swiss law does allow assisted suicide within certain circumstances.
• Belgium – Belgium passed a law in 2002 legalising euthanasia, becoming the second country in the world to do so.
• New Zealand – In New Zealand, in 2015, lawyer and cancer sufferer Lecretia seals brought a case to the HC for her right to the assistance of her GP, asking for a declaration that her GP would not risk conviction. So, the decision is pending relating to that in the HC.[4]

The right to die is the ethical or institutional entitlement of the individual to commit suicide or to undergo voluntary euthanasia. This right to die is often understood to mean that a person with terminated illness should be allowed to commit suicide or assisted suicide or to decline life prolonging treatment.

Almost all counties are allowing euthanasia or assisted suicide including India.

 

[1] AIR 1987 Cr. L.J.549

[2] (1994) SCC 394

[3] 1996 SCC (2) 648

[4] https://www.theguardian.com/society/2014/jul/17/euthanasia-assisted-suicide-laws-world

 

 

 

 

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Disclaimer:

This Article was prepared or accomplished by  Dipika Mahale 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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