The document discusses euthanasia and its constitutionality in India, exploring definitions, types, and the legal status of euthanasia over time. It highlights significant court cases, such as Aruna Ramchandra Shanbaug v. the Union of India, which recognized passive euthanasia without legislation while prohibiting active euthanasia. The document also notes the evolving nature of euthanasia laws in India, leading to the conclusion that passive euthanasia has been legalized and that the right to die with dignity is now considered a fundamental right.

1. Euthanasia and its
Constitutionality
Presented By:
Ashish Sonawane

2. Introduction
As enunciated by Justice D.Y. Chandrachud, “Life and death are inseparable.
Every moment our bodies undergo change…life is not disconnected from
death. Dying is a part of the process of living.”
Mercy killing

3. What is euthanasia
The word ‘euthanasia’ is a product of two Greek words ‘eu’ meaning ‘good’
and ‘thanatos’ meaning ‘death’.
When a person is suffering for a long time due to an ailment and there seems
no way to mitigate the pain, death seems to be the only escape.
It is an intentional killing of a terminally ill patient by some means.

4. Active and passive euthanasia
Lethal drug or Life support removal
Voluntary and involuntary euthanasia
Consent and desire of the patient
Self-administered and other administered euthanasia
Patient or other people
Types of euthanasia

5. Indian perspective
History of euthanasia in India
Timeline of the changes in legal perspective
-In the case of Rathinam v. the Union of India in 1994, the honorable Supreme
Court of India declared Section 309 to be unconstitutional, violated Article 21
- Gian Kaur v. the State of Punjab in 1996 - Article 21 guarantees the right to life
and this is inconsistent with the right to die. Thus, Section 309 does not violate
Article 21
-The debate erupted again in 2011 with the case of Aruna Ramchandra Shanbaug
v. the Union of India (2011).

6. Indian perspective
Aruna Ramchandra Shanbaug v. the Union of India (2011).
• Ms. Pinki Virani
• whether Article 21 also included the right to die
• The Court finally recognized passive euthanasia as legal without any
legislation, active euthanasia was completely prohibited
• board of three expert doctors assigned by the Bench itself.

7. Indian perspective
Guidelines
• Relatives, Doctor, best interests of the patient.
• High court approval,
• Parens Patriae - state has inherent power and authority to protect
such persons who are legally incapable to protect their interests
themselves, Chief Justice of the HC must form a bench of two
judges who would act on the assessment of a board of three expert
doctors assigned by the Bench itself.

8. Current status of euthanasia in India
• Post the judgement in the Common Cause case, the right to die with
dignity has been held as a fundamental right.
• Passive euthanasia has been legalised.
• In cases where medical experts have declared that a patient has an
incurable disease and has reached a point where there is no recovery, the
patient has a right to refuse to sustain via artificial means and can opt for
passive euthanasia to avoid the pain and suffering.
• The concept of living will has been recognized. It is a written document
where a patient gives instructions beforehand about the future that when
he/she is terminally ill and is no longer capable of expressing his consent,
he/she must be administered passive euthanasia if the medical experts
declare that there are no life-saving options are left.

9. Global perspective
US
In the US, active euthanasia for humans is illegal in most states. However, it is frequently used
for sick or injured animals.Passive - legal.
UK
Euthanasia is illegal and a person administering it can be prosecuted for manslaughter, in
Northern Ireland.
The Netherlands was the first European country to legalise euthanasia and assisted suicide in
2001.
Euthanatia Tourism.

10. Case laws on euthanasia
Maruti Shripati Dubal v. the State of Maharashtra (1986)
In this case, the petitioner was a police constable who suffered from a mental illness after a
road accident. He was diagnosed with schizophrenia and also suffered from depression. Once
he tried to burn himself by pouring kerosene on his body and setting himself on fire. But he
was stopped by the police. Subsequently, he was charged with Section 309 of the IPC for an
attempt to suicide
Judgment of the Court
The Court held that Section 309 was violative of Articles 14, 19, and 21. Thus, the petitioner
was not held liable under Section 309.
However, the decision was overruled in the case of Gian Kaur v. the State of Punjab (1996)

11. Conclusion
Initially euthnatia is illegal in India but as time moves some of the provisions in
some case i.e. Passive euthnatia are made to make it legalise. Courts have
played a role in providing guidelines, and the evolving nature of euthanasia
laws requires thorough discussion to respect citizens' rights while balancing
the interests of the state and society.