Euthanasia in India: Mercy Killing, Right to Die, Passive & Active Euthanasia

“EUTHANASIA: Mercy Killing or Death with Dignity”

Introduction

Under Article 21 of the Indian Constitution:

"No Person shall be deprived of his life and personal liberty except according to procedure established by Law"

This ensures the State shall protect good quality of life, livelihood, liberty, and dignified life.

The question arises: Does the Right to Life include the Right Not to Life or Right to Die?

Death can occur:

  • Naturally

  • Unnaturally

It can result from action or inaction. Causing unnatural extinction of life, by oneself or someone else, is morally wrong and legally punishable.

What is Euthanasia?

Life can become extremely painful, leading individuals to wish for death. This voluntary act is known as:

  • Euthanasia

  • Mercy Killing

  • Dayamarana

Historical Perspective

In Ancient India, voluntary death practices included:

  • Sati

  • Jauhars

  • Samadhi

  • Prayopaveshan (Starving to Death)

Philosopher John Locke stated that humans have the Right to Life, Liberty, and Property, which implies that terminally ill patients may also have the Right to decide to die.

Key Legal Cases in India

  1. Naresh Marotrao Sakhre and Anrs. V/s. Union of India

    • Differentiated euthanasia from suicide.

    • Suicide: self-destruction without human intervention.

    • Euthanasia: intervention by another human to end life.

  2. Gian Kaur V/s. State of Punjab

    • Right to Life does not include Right to Die.

    • Suicide considered unnatural termination, incompatible with Article 21.

  3. Common Cause V/s. Union of India

    • 5-judge bench recognized Passive Euthanasia and Living Will / Advance Directives.

    • Established Right to Die with Dignity as a fundamental right.

  4. Aruna Shanbaug V/s. Union of India

    • Nurse in vegetative state for 41 years after sexual assault.

    • Court rejected euthanasia plea but allowed Passive Euthanasia in India.

Guidelines for Passive Euthanasia

  • Decision to withdraw treatment, nutrition, or water

  • Decision must be taken by:

    • Parents

    • Spouse

    • Close relative

    • If absent, a “Next Friend”

  • Court approval is required

Types of Euthanasia

Active Euthanasia

  • Professional or another person intentionally causes death (e.g., lethal injection)

Passive Euthanasia

  • Withholding life support (e.g., ventilator or feeding tube)

  • Difference: Active = killing, Passive = letting die

Advantages & Disadvantages of Euthanasia

Advantages

  1. Ends extremely painful life

  2. Relieves family stress (physical, emotional, economic, mental)

  3. Respects patient's right to refuse medical treatment

  4. Frees up medical funds for others in need

  5. Exercise of fundamental rights

Disadvantages

  1. Risk of commercialization of euthanasia

  2. Poor people may misuse it to avoid medical costs

  3. Vulnerable elderly may feel burden

  4. Could devalue human dignity and offend sanctity of life

Conclusion

For those facing terminal illness with irremediable pain, a proper system should exist to exercise their right to die with dignity.

✍️ Adv. Mamta Singh Shukla
Advocate, Supreme Court of India | Legal Researcher | PoSH Trainer

📱 Mobile: +91-9560044035

Follow for insights on Cyber Law, Digital Evidence, and Legal Awareness.

      


Comments

Post a Comment

Popular posts from this blog

Allahabad High Court Bans Caste in Police Records & Stickers | Landmark Equality Judgment 2025

Image
⚖️ Allahabad High Court’s Landmark Caste Ban Judgment 2025 On 16 September 2025 , the Allahabad High Court delivered a landmark ruling in the case of Praveen Chetri vs State of Uttar Pradesh and Others . The Court declared that the practice of mentioning caste in police records and the display of caste stickers on vehicles is unconstitutional and discriminatory. This judgment is a historic step towards building a caste-free society and reinforces the principle of equality under Article 14 of the Indian Constitution . The Court described caste entries in official documents as a “ Legal Fallacy ” and a form of “ Identity Profiling ” that perpetuates social prejudice. ⚖️ Legal Fallacy vs Identification Fallacy 🔹 The Legal Fallacy Claim: Caste has been mentioned in police manuals and government forms for decades. Court’s View: Any tradition that violates equality and the spirit of the Preamble and Article 14 cannot be justified. 🔹 The Identification Fallacy Claim: Caste...
Read more

Ancient Rights, Modern Realities: The Rural Woman’s Time Wrap | International Day of Rural Women 2025

Image
ANCIENT RIGHTS, MODERN REALITIES – THE RURAL WOMAN’S TIME WRAP International Day of Rural Women – 15th October Introduction The International Day of Rural Women is an annual observance by the United Nations General Assembly (UNGA)   to recognize the critical role and contribution of rural women and girls in global development. It is observed every year on 15 October since 2008 . This day is dedicated to elevating and celebrating the indispensable role of rural women and girls in the world’s economy, food systems, and resilience efforts. It serves as a forceful reminder that sustainable development, food security, and poverty eradication cannot be achieved without their full, equal participation and empowerment. Role and Significance Across the planet, these women act as primary drivers of agricultural production , custodians of traditional knowledge , and frontline managers of natural resources , yet they disproportionately bear the burden of poverty, inequality, and climate ch...
Read more

Maharishi Valmiki Jayanti 2025: Original Life Lessons and Hidden Wisdom of Ramayana

Image
Maharishi Valmiki writing the Ramayana Today, 7th November 2025, we commemorate Maharishi Valmiki Jayanti , a celebration of the life and teachings of India’s first poet, the Adikavi. Beyond the Ramayana, Valmiki’s life itself is a story of transformation, reflection, and wisdom. Have you ever wondered how one individual’s journey from ordinary life to spiritual greatness can still inspire generations? Valmiki: Life, Struggle, and Enlightenment Valmiki transformation art Valmiki’s path from a common man to a revered sage is extraordinary. His name, “Valmiki,” meaning “one among worms,” symbolizes humility and intense meditation. His story demonstrates that anyone can transform their life with dedication and reflection. Did you know that Valmiki initially followed Agni Devta (Fire God) in his early spiritual practices? Through composing the Ramayana , Valmiki did not merely narrate events; he created a blueprint for ethical living, moral courage, and societal responsibility . If the Ra...
Read more