Euthanasia: Navigating the Boundaries Between the Right to Life and the Right to Die?

Abstract

“Liberty” is where the law is silent , or the “Liberty” is where the law annihilates the miseries of Human life . Article 3 of the UDHR says , “Everyone has the right to life, liberty and security of person” while Article 21 of the Indian constitutions also provides “Right to life and personal liberty”. But a complex debate emerges when Liberty to have a “Right to life” interpreted as a extension of Liberty to have a “Right to die”. And the demand to have a “Right to life” invites a question of legalisation of “Euthanasia” , which has a consequence of legalisation of suicide. ( offence under section 309 of IPC 1860) interestingly , “Euthanasia “is being legally practiced in several 1st world countries like USA , Japan , Germany , Columbia , Canada , Switzerland , Netherlands , Belgium etc. and even in India in 2018 the Honourable Supreme Court of India through a Constitutional Bench of five judges thread the “Right to life” with dignity with the umbrella of right to life under article 21 of the India constitution by legalising passive “Euthanasia” in Aruna’s Case , and set the precedent that guidelines of this case shall be considered as a Law until a legislature legislate a law in respect of “Euthanasia” . The objective of author’s study is to undermine the extent to which “right to die” is moral and legal and at what step it becomes a threat to the civil society , because the Literal interpretation of “Right to die” welcomes unprecedented scenarios like claims to commit suicide which will bring a horrifying threat to the state machinery and