EUTHANASIA AND ITS VALIDITY: A CRITICAL STUDY

AUTHOR – ADITYA JHA, STUDENT AT BHARATI VIDYAPEETH, NEW LAW COLLEGE, PUNE

BEST CITATION – ADITYA JHA, EUTHANASIA AND ITS VALIDITY: A CRITICAL STUDY, ILE LEX SPECULUM (ILE LS), 1 (1) OF 2023, PG. 546-552, APIS – 3920 – 0036 | ISBN – 978-81-964391-3-2

ABSTRACT

Since the earliest times right to life has been codified for the protection of life of the human beings. There was an attempt for the codification of human rights for the first time which is said to be mentioned in the tablet of Hammurabi. It was started around 4000 years ago by Hammurabai who was a Sumerian king. It was a legally binding document, the aim of which was to protect the people from unjust and unethical punishment. In today’s scenario the right to life is protected and guaranteed by Article 3 of International Convention Universal Declaration of Human Rights, 1948 as well as Article 21 of the Constitution of India. The right to life has always been a matter of aspects of the case as well as the situations advanced in the process of delivering justice for the Judiciary. The right to die has always been claimed under this head. The idea of euthanasia has been interpreted as “good death” as well as “mercy killing” in general parlance. The general norm is to let people live but in certain cases it becomes really frustrating and devastating for the patient who is suffering from prolonged illness to continue in the normal course of his/her life. In today’s time there are some situations in which the person should get the right to choose death. Hence, it can be said that it is the duty of the parliament as well as the government to look before the proper use of the concept of passive euthanasia through proper laws as well as guidelines which would help in preventing the misuse of passive euthanasia. The concept of passive euthanasia as well as the various aspects and problems associated with the concept of euthanasia have been discussed in the Nikhil Soni “Snthara” case and Aruna Shanbaug’s case which have mixed opinions about the right to health, medico legal challenges and other issues related to right to life.

KEYWORDS- euthanasia, right to life, human rights, patient, laws