Abstract

The concept of Euthanasia or mercy killing majorly lies on the rationality of humanism and empathy due to which it has always been a matter of argument in the field of law and medicine. It was recently that the legalization of passive Euthanasia was considered to be upheld in Aruna Ramchandra Shanbaug v. Union of India as one of the historic judgements laid down by the Supreme Court of India although specific conditions were laid down for the same to be carried out. It was also observed, that the right to life includes right to live with dignity which also includes the right to die with human dignity. However, the fact that whether or not this remedy available is to be seen as an offence or defence against human life arises. In this paper, an analysis regarding the position of law on euthanasia before and after its legalization will be observed by the author along with a significant focus on three key issues. Firstly, it will examine the current position of the Euthanasian laws in India. Secondly, it will analyse if whether or not any form of euthanasia would amount culpable homicide under Section 304 of the IPC or attempt to suicide under Section 309 and the reason for non- recognition of active form of euthanasia in India. Thirdly, the need for a legislation legalizing passive euthanasia in order to provide greater emphasis on the subject in the light of the role played by the judiciary in India.

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