Jurisprudential Analysis of Euthanasia in India, Essays (university) of Law

Download Jurisprudential Analysis of Euthanasia in India and more Essays (university) Law in PDF only on Docsity! Anoushka Singh (2017 009) MAHARASHTRA NATIONAL LAW UNIVERSITY, MUMABI RIGHT TO DIE: JURISPRUDENTIAL ANALYSIS OF EUTHANASIA Semester Project Towards Fulfilment of the Assessment in the Subject of Jurisprudence ABSTRACT On March 8, 2018, the Supreme Court of India delivered a progressive judgement with far- reaching implications for euthanasia in India. The over 500-page judgement of ‘Common Cause (A Regd. Society) v. Union of India’ carries the reader on the journey of the Indian judiciary deliberating in the battle of morality against mortality, and dignity against death. It includes a careful analysis of the Right to Life under Article 21 of the Constitution of India and what it means to live with dignity, before opining that passive euthanasia can be practiced legally in India. Passive euthanasia is the withdrawal of artificial medical support while active euthanasia is essentially physician- assisted suicide. Currently, debates on whether to legalise or criminalise euthanasia are ongoing across the world. This paper looks at the prevailing legal philosophies surrounding the recent legalisation of passive euthanasia in India and takes it one step further into identifying the jurisprudential aspects concerning active euthanasia. It offers views of John Finnis and Lon Fuller, from the Natural School of Law, with the aim of seeking answers to dilemmas that question the sanctity of life, the extent to which we can stretch the ambit of ‘life’ under Article 21, and whether it is justified to medically assist a miserable, critically ill patient in taking their own life. Keywords: Article 21, Constitution, Euthanasia, Jurisprudence