See

discussions, stats, and author profiles for this publication at: https://www.researchgate.net/publication/282293996

RIGHT TO LIFE WITH DIGNITY ALSO INCLUDES

RIGHT TO DIE WITH DIGNITY:- TIME TO
AMEND ARTICLE 21 OF INDIAN C....

Conference Paper · September 2015

CITATIONS READS

0 3,013

1 author:

Pyali Chatterjee
ISBM University, Raipur
17 PUBLICATIONS 1 CITATION

SEE PROFILE

Some of the authors of this publication are also working on these related projects:

Right now am working on PNDT ACT and MTP ACT 1971 of India View project

All content following this page was uploaded by Pyali Chatterjee on 12 December 2015.

The user has requested enhancement of the downloaded file.

 © 2015 IJSRST | Volume 1 | Issue 5 | Print ISSN: 2395-6011 | Online ISSN: 2395-602X
Themed Section: Science and Technology

Right to Life with Dignity also includes Right to Die with Dignity : Time To
Amend Article 21 of Indian Constitution and Law of Euthenesia
Pyali Chatterjee
Disha Law College Raipur, Chhattisgarh, India

ABSTRACT

Article 21 of Indian Constitution grants Right to life only. According to Article 21 says, “No person shall be
deprived of his life or personal liberty except according to procedure establishedby law”. Right life under Article 21
does not include Right to die. Right to life is a natural right. The question regarding Right to die first time comes
before Bombay High Court in State of Maharashtra v. Maruty Sripati Dubal, 1987 Cri LJ 743. And here in this case
court declared that Right to Life includes Right to die, thus making Section 309 of Indian Penal Code, 1860 which
makes attempt to suicide as punishable offence unconstitutional. But Supreme Court in Gian Kaur v. State of Punjab
(1996)2 SCC 648, held that Right to life does not include “Right to die” or “Right to be killed”. Right to life is a
natural right and right to die is not a natural right and no one has a right to finish their life in unnatural way. It was
only after the case of Aruna Ramchandra Shanbaug versus Union of India (2011) 4 SCC 454, Supreme Court in its
judgment declared that Passive Euthanasia is legal in India.

Here my question is whether Right to life with dignity includes Right to life with dignity. If the answer is Yes then
why a cancer patients who were already in their last stage has to suffer lots till their death. In such cases active
euthanasia is the only option, getting relief from the pain of cancer. A person who is already bedridden and is
dependent on other for each and everything in that case how can we say that he is living with his dignity? In cancer
( last stage), most of the patients died in pathetic conditions, where neither they can bear the pain of the diseases nor
their family can watch their loved one in such an intolerable pain for such a long time. In such cases death with
dignity is last option for the family members as well as for the patients to finally get relived from the ultimate pain.
There is a need of Active Euthanasia for such patients.

Lastly, judgment of Aruna Ramchandra Shanbaug versus Union of India should be reviewed once again and medical
committee should be formed to find out the cases where active euthanasia will be the ultimate option for the patients
to die with dignity and without tolerant any pain.
Keywords: Euthanasia, Physician assisted Suicide, Mercy killing, Right to die, Cancer

I. INTRODUCTION concern and compassion for that person's suffering. It is

sometimes called mercy killing, but many advocates of
The term Euthanasia is derived from Greek roots “eu” euthanasia define mercy killing more precisely as the
means “well or good” and “thanatos” means- “death‟ ending of another person's life without his or her request.
means good death. Euthanasia, on the other hand, is usually separated into
two categories: passive euthanasia and active euthanasia.
“The term Euthanasia normally implies an intentional In many jurisdictions, active euthanasia can be
termination of life by another at the explicit request of considered murder or Manslaughter, whereas passive
the person who wishes to die. Euthanasia is generally euthanasia is accepted by professional medical societies,
defined as the act of killing an incurably ill person out of and by the law under certain circumstances.”

IJSRST151528 | Received: 05 December 2015 | Accepted: 12 December 2015 | November-December 2015 [(1)5: 117-121]
117
Dutch Commission on Euthanasia (1985) has defined it Code, 1860 and it is not unconstitutional to Indian
as: “A deliberate termination of life on an individuals‟ Constitution Art. 21. Right to life is a natural right and
request, by another, in medical terminology, the active right to die is not a natural right and no one has a right to
and deliberate termination of life on patients‟ request, by finish their life in unnatural way.
a doctor.”
Even when a petition was filed for Euthanasia, In Aruna
According to the definition given by Merriam Webster Ramchandra Shanbaug versus Union of India (2011)4
for Euthanasia, “the act or practice of killing or SCC 454, Supreme Court in its judgment declared that
permitting the death of hopelessly sick or injured only Passive Euthanasia is legal in India; means when a
individuals (as persons or domestic animals) in a person is on ventilation in that case only, patient can be
relatively painless way for reasons of mercy”. removed from the ventilation.

Again according to definition given in Oxford Even in India whether it is a Voluntary Euthanasia,
Dictionaries, Euthanasia means, “The painless killing of Involuntary Euthanasia or Non- Voluntary Euthanasia
a patient suffering from an incurable and painful disease whatever the case may be is not acceptable and is illegal
or in an irreversible coma”. here and it is a punishable offence under Indian Penal
Code except the passive Euthanasia.
Again according to Black‟s Law Dictionary (8th edition)
euthanasia means “the act or practice of killing or B. Right to Life With Dignity
bringing about the death of a person who suffers from an
incurable disease or condition, esp. a painful one, for Right to life with dignity means, when a person is
reasons of mercy “. enjoying his life in a dignified way. Means something
which is not only a mere existence and not like the way
So, from the above definition we can interpret that which animal used to do. Now here lies my question,
Euthanasia is the practice of killing one person who is that whether a person who is bed ridden and dependent
sufferings from some kind of serious painful illness, so on other for his every basic needs e.g. last stage cancer
that he can get relief from his pain on the ground of patients in that cases whether he can be said that the
mercy and sometime even it is known as mercy killing person is enjoying his life with dignity. A person, who
also. even can‟t eat with his own hand, can‟t move from his
bed, can‟t even stand or walk for washroom, in such
II. METHODS AND MATERIAL cases we can‟t say that the person is living with dignity,
even though his family members love him lots and
A. Constitutional Vality of Right to Die In India taking proper care also but still no body will like such
kind of life.
Article 21 of Indian Constitution says, “No person shall
be deprived of his life or personal liberty except Now when a person has spent most of his life without
according to procedure established by law”. Right to depending on other and suddenly he has to depend on
life under Article 21 does not include Right to die. Right other for his every basic needs, in that case he loses his
to life is a natural right. Now, the question regarding self-confident, respect, independency etc which means a
Right to die first time comes before Bombay High Court person is surviving without his dignity. We also know
in State of Maharashtra v. Maruty Sripati Dubal 1987 that Right to life Under Article 21 also includes Right to
Cri LJ 743. And here in this case court declare that Right Privacy. Now when a person is bed ridden and he even
to Life includes Right to die, thus making Section 309 of can‟t change his own clothes or wear, in that case where
Indian Penal Code, 1860 which makes attempt to suicide is the Right To Privacy? This are certain instances which
as punishable offence unconstitutional. But Supreme I feel that is the basic and important thing which every
Court in Gian Kaur v. State of Punjab (1996)2 SCC 648, man do in their day today life , and no one would like to
held that Right to life does not include “Right to die” or depend on other for those basic needs.
“Right to be killed”. Thus, attempt to suicide is
punishable offence under section 309 of Indian Penal

International Journal of Scientific Research in Science and Technology (www.ijsrst.com) 118

I have seen my own aunt dying with cancer. And during patients can seek medical aid for ending their lives as
her last months, she was totally bed ridden. For the first long as they have been given six months or less to live
time in my life I have seen her wearing grown ( nighty by two doctors, provided a written request and two oral
or maxi). I have always seen her wearing sari. She was requests at least 15 days apart and are deemed mentally
such a lady who used to wake up early in the morning capable of making decisions about their own health.
and alone she used to handle her entire house hold work Montana, Oregon, Vermont and Washington have also
till night. But during her last days, she was totally bed legalized the practice, while aid-in-dying is currently in
ridden with bed sore. And was totally dependent on dispute in New Mexico's courts.
other, which makes her cry every day that she is
dependent on other for every basic need. Now here is The California bill was passed due to Brittany Maynard,
my question again that, whether right to life with dignity the 29-year-old resident of San Francisco Bay Area who
includes right to die with pain and suffering? gained national attention for her decision to move to
Oregon to take advantage of the state's longstanding aid-
Right to life under Article 21 does not include right to in-dying law. Maynard had been diagnosed with
die. But when terminally ill patients like cancer patients terminal brain cancer, but as a California resident, could
knows that he has only few days in his hand to enjoy his not pursue end-of-life options at home.
life, in that cases whether Right to die with dignity
should be allowed? i.e. death with no pain and suffering. It was in the year 2002, when Netherlands became the
So, that he could not suffer the pain and lose his self- first country to legalize euthanasia and assisted suicide.
confident and respect. A person who is suffering with But it imposed certain strict condition which one must
some deadly dieses in those cases he must have the right check before allowing some for Euthanasia as well as
to die with dignity. Depending on other during old age is for Assisted suicide i.e the patient must be suffering
something different but depending on other due to some unbearable pain, their illness must be incurable, and the
deadly diseases which nobody wants in their lifetime. demand must be made in "full consciousness" by the
patient
Even that, watching your loved ones dying with pain is
also unbearable. Where person become helpless and the Again Belgium becomes the second country in the world
time becomes tough for him to watch his loved one to legalize Euthanasia and it passed its law in the year
dying with pain except one can become the silent 2002. The law says doctors can help patients to end their
spectator or become the witness of the last breath taken lives when they freely express a wish to die because they
by his family member. And it is seen that blood oozes are suffering intractable and unbearable pain. Patients
out from nose, mouth, ears and sometimes from private can also receive euthanasia if they have clearly stated it
parts of the body in certain cases of cancer patients before entering a coma or similar vegetative state.
during their last breath which is the most painful and
pathetic time of the life of the patient as well as for the Even in Switzerland Physician Assisted Suicide is legal.
loved one. As we all know that the pain which the
cancer patients feel during their last breath is unbearable III. RESULT AND DISCUSSION
and that time no medicine works to reduce that pain. So,
such time becomes like punishment for the loved one as A. Active and Passive Euthenesia
well for the patient.
The Honorable Supreme Court of India in, Aruna
Ramachandra Shanbaug vs. Union of India had made a
C. Countries Where Right to Life also Include Right
clear distinction between Active and Passive Euthanasia.
to Die With Dignity
In Active euthanasia something is done to end the life of
Recently, the California Government, Jerry Brown, has patient e.g. injecting the patient with a lethal substance
signed the California's right-to-die bill into law, e.g. Sodium Pentothal which causes the person to go in
allowing terminally ill citizens of the country to end deep sleep in a few seconds and the person dies
their own lives with the help of their painlessly in sleep, thus it amounts to killing a person by
physician. According to this new law a terminally ill a positive act in order to end suffering of a person in a

International Journal of Scientific Research in Science and Technology (www.ijsrst.com) 119

state of terminal illness. It is considered to be a crime all Medical Practitioners) Bill 2006,„terminal illness‟ means
over the world except where permitted by legislation. In – (i) such illness, injury or degeneration of physical or
India too, active euthanasia is illegal and a crime under mental condition which is causing extreme pain and
Section 302 or 304 of the IPC. Physician assisted suicide suffering to the patients and which, according to
is a crime under Section 306 IPC (abetment to suicide). reasonable medical opinion, will inevitably cause the
Passive euthanasia in other hand, involves withholding untimely death of the patient concerned, or (ii) which
of medical treatment or withholding life support system has caused a persistent and irreversible vegetative
for continuance of life e.g., withholding of antibiotic condition under which no meaningful existence of life is
where without doing it, the patient is likely to die or possible for the patient.
removing the heart–lung machine from a patient in coma.
Passive euthanasia is legal even without legislation If we interpret Sec. 2 (m) (i), then I think some where
provided certain conditions and safeguards are the cancer patients who were in there last stage where no
maintained. The core point of distinction between active medicine can save their life, fall under the category of
and passive euthanasia as noted by Supreme Court is Sec. 2 (m) (i). In that case passive euthanasia should be
that in active euthanasia, something is done to end the allowed to them in the form of physician assisted suicide
patient‟s life while in passive euthanasia, something is for the sake of their Right to life and die with dignity.
not done that would have preserved the patient‟s life. To This is the right time to introduced Right to die with
quote the words of learned Judge in Aruna‟s case, in dignity under Article 21 of Indian constitution in cases
passive euthanasia, “the doctors are not actively killing of terminally ill cases and also all the diseases which can
anyone; they are simply not saving him”. The Court be or which fall under the category of Sec. 2 (m) (i)
graphically said “while we usually applaud someone should be inserted.
who saves another person‟s life, we do not normally
condemn someone for failing to do so”. The Supreme Even it is found that more than 1300 people died every
Court pointed out that according to the proponents of day in India due to Cancer and in 2014 near about 5
Euthanasia, while we can debate whether active Lakhs people died due to cancer. And also the treatment
euthanasia should be legal, there cannot be any doubt of cancer is very much costly which only rich people can
about passive euthanasia as “you cannot prosecute afford and not by the poor people. So, in that case we
someone for failing to save a life”. can imagine the situation of the family whose loved one
is suffering from cancer and they are unable to provide
Again Passive euthanasia is further divided into treatment to them because of its cost. And if it is last
voluntary and non-voluntary. Voluntary euthanasia is stage then nothing can be done except bearing the pain.
where the consent is taken from the patient. And in non-
voluntary euthanasia, the consent is unavailable on IV. CONCLUSION AND SUGGESTION
account of the condition of the patient for example,
when he is in coma. “Marte hain aarzoo mein marne ki Maut aati hai par
nahin aati”
B. Medical Treatment to Terminally ILL Patients ---- Mirza Ghalib
(Protection of Patients and Medical
Practitioners) Bill 2006 “I'm not afraid of being dead. I'm just afraid of what you
might have to go through to get there.”
----- Pamela Bone (A reputed Journalist)
The preamble of the Bil starts with “A Bill to provide
for the protection of patients and medical practitioners
A person who is born in world will also die one day.
from liability in the context of withholding or
This is the universal truth, where there is life there is
withdrawing medical treatment including life support
death. Nobody can escape from death. But one thing
systems from patients who are terminally-ill”
which every man deserves in his life is Right to life as
well as Right to die with dignity. No one should be
Under section 2 (m) of Medical Treatment to
deprived from this right.
Terminally Ill Patients (Protection of Patients and

International Journal of Scientific Research in Science and Technology (www.ijsrst.com) 120

 [9] Euthanasia, OXFORD DICTIONARIES, ( Nov.
I think this is the right time when Right to die with 10, 2014, 12: 50 PM) http://
dignity should be allowed under Article 21 for www.oxforddictionaries.com/definition/english/eu
terminally ill patients. Even a medical committee should thanasia
be formed to discuss and decide the diseases which can [10] Rakesh Dubbudu, “Aruna Shanbaug – The
be fall under”Terminally ill” category. And for those Woman who triggered the Euthanasia Debate in
diseases “right to die with dignity” through Physician India”, https://factly.in/aruna-shanbaug-
Assisted Suicide should be allowed. So that, the euthanasia-case-woman-who-triggered-debate-on-
terminally ill patients can dies without facing any euthanasia-in-india/#prettyPhoto
suffering and pain. [11] Mollie Reilly, “Right To Die Becomes Law In
California”, THE HUFFING TON POST, 6th
If we consider Darwin theory of “Survival of the fittest”, October, 2015 http://www.
then we will find that in today‟s world only the rich huffingtonpost.com/entry/right-to-die-
people can survive well for their existence. And those california_560c6037e4b076812700b6d8?section=i
who are poor they are born to live with misery. But ndia
death is the last stage of life which never see who is poor [12] Guardian staff,” Euthanasia and assisted suicide
and who is rich. So, this last stage of life should be free laws around the world”, THE GURDIAN, 17th
of suffering and pain. July 2014, 17.04 BST http://www.
theguardian.com/society/2014/jul/17/euthanasia-
Lastly, it‟s high time to amend Article 21 of Indian assisted-suicide-laws-world
Constitution and to include Right to die with dignity in it. [13] “1,300 Die of Cancer Every Day in India”, NDTV,
17th May 2015, 09:51 IST
V. REFERENCES [14] http://www.ndtv.com/india-news/1-300-die-of-
cancer-every-day-in-india-763726
[1] Pyali Chatterjee, “Thalaikoothal: The Practice of
Euthanasia in the Name of Custom” European
Researcher, 2014, Vol.(87), Is.2, pp. 2005-2012,
DOI: 10.13187/er.2014.87.2005
[2] Law Commission of India, “ Passive Euthanasia-
A Relook”, Report no 241 http://
lawcommissionofindia.nic.in/reports/report241.pd
f
[3] Mamta Rao, Constitutional Law, (Abhinandan
Malik, 1st ed,2013)
[4] K.D.Gaur, Textbook On The Indian Penal
Code,532 (Universal Law Publishing Co.
Pvt.Ltd,4th.ed., 2009)
[5] Euthanasia, THEFREEDICTIONARY,
http://legal-dictionary.thefreedictionary.com/
Voluntary+euthanasia
[6] Euthanasia, MERRIAM- WEBSTER,
http://www.merriam-webster.com/dictionary/
euthanasia
[7] Caesar Roy, Position Of Euthanasia In India – An
Analytical Study, ( Nov. 12, 2014, 11: 50 AM)
[8] What is passive euthanasia?, NDTV(March 07,
2011 15:20 IST), http://www.ndtv.com/
article/india/what-is-passive-euthanasia-89964

International Journal of Scientific Research in Science and Technology (www.ijsrst.com) 121

View publication stats