Sem3.politicalscience.atul.project.37.docx

Project Report on :

Fundamental Rights: With Reference to Euthanasia Submitted to:

Mr. Aashutosh Kumar Aahire Assistant Professor (Political Science)

Submitted By:

Atul Kumar Agrawal B.A.LL.B (Hons.) Student Semester – III , Section – A , Roll no. – 37

Date of submission: 16th August, 2018

Hidayatullah National Law University, New Raipur, CG

Declaration I, Atul Ku. Agrawal, hereby declare that, the project work entitled, Fundamental Rights: With Reference to Euthanasia submitted to Hidayatullah National Law University, Uparwara, New Raipur is record of an original work done by me under the guidance of Mr Ashutosh Kumar Aahire , faculty member in political science in Hidayatullah National Law University, New Raipur.

Atul Kumar Agrawal Semester – III Section – A Roll No. - 37

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ACKNOWLEDGEMENTS I, Atul Kumar Agrawal , feel myself elated, as it gives me immense pleasure to come with the work on topic, “Fundamental Rights: With Reference to Euthanasia”. Words fail to express my deep sense of glee to my teacher, Mr Ashutosh Kumar Aahire, who enlightened me on my every difficulty in completion of task. I acknowledge the blessings and support which my mother and father gave in finishing of this task.

I would like to forward my hearty thanks to my University and Vice-Chancellor for providing all the necessary requirements which aided me to achieve my goal. I also thank Librarian HNLU, Raipur, for assisting me and allowing me to use the library of the University.

I feel a deep sense of thankfulness to all my seniors, my friends who helped me in achieving my target.

Atul Kumar Agrawal Semester – III Section – A Roll No. - 37

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Table of Content I. II.

Introduction

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5

Review of Literature ----------------------------------------------------------------

6

III.

Research Question -------------------------------------------------------------------- 7

IV.

Objectives ----------------------------------------------------------------------------- 7

V.

Scope of the study --------------------------------------------------------------------- 7

VI.

Research Methodology --------------------------------------------------------------- 7

VII.

Chapter – 1 : Fundamental Rights ------------------------------------------------- 8

VIII.

Chapter – 2 : Right to Equality ------------------------------------------------------ 9

IX.

Chapter – 3 : Right to Freedom ------------------------------------------------------ 11

X.

Chapter – 4 : Right Against Exploitation ------------------------------------------- 13

XI.

Chapter – 5 : Right to freedom of Religion ---------------------------------------- 14

XII.

Chapter – 6 : Cultural & Educational Rights -------------------------------------

15

XIII.

Chapter – 7 : Right to Constitutional Remedies ---------------------------------- 16

XIV.

Chapter – 8 : Euthanasia ------------------------------------------------------------ 18

XV.

Chapter – 9 : Euthanasia in India --------------------------------------------------

19

XVI.

Chapter – 10 : Aruna’s Case -----------------------------------------------------

20

XVII.

Conclusion -------------------------------------------------------------------------

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XVIII.

References & Bibliography -----------------------------------------------------

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Introduction It is generally accepted that the Constitution comprises rules that regulate the organization and exercise of State power, on the one hand, and the relations between the State and its citizens, on the other. The rules that stipulate and regulate the relations between the State and its citizens and, more generally, the relations between the controlling and the controlled are characterized as public freedoms or fundamental rights or human rights. Fundamental rights determine the percentage of freedom that the members of a certain society have in relation to State power, thus delimiting the size of self-existence and selfdetermination of every human being. The Constitution of India embodies an impressive list of Fundamental Rights and thus offers to all citizens individually and collectively those basic freedoms and conditions of life which alone can make life significant and democracy fruitful. Such rights are considered to be essential for the proper, moral and material upliftment of people. These rights are an integral part of the Constitution and hence cannot be altered or taken away by ordinary legislation. These rights are fundamental in the sense that any law passed by any legislature in the country would be declared as null and void if it is derogatory to the rights guaranteed by the Constitution. There are different euthanasia laws in each country. The British House of Lords Select Committee on Medical Ethics defines euthanasia as "a deliberate intervention undertaken with the express intention of ending a life, to relieve intractable suffering". In the Netherlands and Belgium, euthanasia is understood as "termination of life by a doctor at the request of a patient".1 Euthanasia is categorized in different ways, which include voluntary, non-voluntary, or involuntary. Voluntary euthanasia is legal in some countries. Non-voluntary euthanasia (patient's consent unavailable) is illegal in all countries. Involuntary euthanasia (without asking consent or against the patient's will) is also illegal in all countries and is usually considered murder. As of 2006, euthanasia is the most active area of research in contemporary bioethics . Active euthanasia however is legal or de facto legal in only a handful of countries (ex. Belgium, Canada, Switzerland) and is limited to specific circumstances and the approval of councilors and doctors or other specialists. In some countries such as Nigeria, Saudi Arabia and Pakistan, support for active euthanasia is almost non-existent.

1

https://en.wikipedia.org/wiki/Euthanasia#Definition

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REVIEW OF LITERATURE 1. Prime Minister of India: Power and Position of the Prime Minister. (2009) Author: K.K Ghai. About: has explained the various aspect of the various aspect of constitution. The constitutional have also led to increase textual comments.The various examples given here i.e. one of them is The Introduction of Article 21A as a fundamental Right needed a new chapter on education. Consequently volume of the book has been increased Article 21 creatively improve quality of life of people. The court has implied a bundle of rights for people from article 21 such as RTE, right to privacy, right to clean environment etc.

2. Introduction to the Constitution of India. Nagpur, India. (2009)2 Author: Basu, Durga D. About:The book clearly outlines the eligibility criteria for the appointment of PrimeMinister. The constitution sets out certain qualifications for the appointment of prime minister of India. The book has clearly explained the eligibility criteria to become the president of India and the same has been properly discussed in the project report. 3. Strategy and Vision in Politics. Jawaharlal Nehru’s policy choices and the designing of political institutions. (2008) Author: Prof. Subrata K. Mitra, Ph.D. (Rochester). About: This article clearly states the art and craft of policy-making. By focusing onIndian Prime Minister, Jawaharlal Nehru, the aim was to take both actor and context seriously. This article aimed at a theory-driven case study where Jawaharlal Nehru is examined as a case of leadership and states his achievements when he was the Prime Minister of India.

1.

2

LexisNexisButterworths Wadhwa Nagpur. p. 199. ISBN 978-81-8038-559-9.

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Research Question : 1. What is the applicability of fundamental rights in India ? 2. What is the position of Euthanasia in India ?

Objectives : 1. To study the provisions provided in the constitution of India under Part III, Fundamental Rights. 2. To inquire about the the Six Fundamental Rights in details. 3. To study the Position of Euthanasia in India.

Scope of the study : The scope of study includes the preview within which the project work lies. This topic has been clearly enunciated with the help of articles from magazines, newspapers and other such e-article databases that have been explored. The subject explores the intricacies of any democracy and includes both, the Indian and the foreign framework.

Research Methodology : This project work is descriptive and analytical in approach. It is largely based on the analysis of articles and references based on Fundamental Rights and the Constitution of India. Books and other references as guided by Mr Ashutosh Ahire, faculty of Political science are primarily helpful for the completion of this project. Footers have been provided wherever necessary.

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Chapter – 1

Fundamental Rights The Fundamental Rights are enshrined in Part III of the Constitution from Articles 12 to 35. In this regard, the framers of the Constitution derived inspiration from the Constitution of USA (i.e., Bill of Rights). Part III of the Constitution is rightly described as the Magna Carta of India. 1 It contains a very long and comprehensive list of ‘justiciable’ Fundamental Rights. In fact, the Fundamental Rights in our Constitution are more elaborate than those found in the Constitution of any other country in the world, including the USA. The Fundamental Rights are guaranteed by the Constitution to all persons without any discrimination. They uphold the equality of all individuals, the dignity of the individual, the larger public interest and unity of the nation. The Fundamental Rights are meant for promoting the ideal of political democracy. They prevent the establishment of an authoritarian and despotic rule in the country, and protect the liberties and freedoms of the people against the invasion by the State. They operate as limitations on the tyranny of the executive and arbitrary laws of the legislature. Fundamental Rights are individual rights are enforced against the arbitrary invasion by the state except, in the case of Art. 15 (2), Article 17, Article 18(3-4), Article 23 and Article 24 where these can be enforced against private individuals also. These are not absolute rights and parliament could put reasonable restriction. The grounds for the restriction may be the advancement of SCs, STs, OBCs, women and children; general public order; decency, mortality, sovereignty & integrity of India; security of the state, friendly relations with foreign states, etc. The constitution of India provides six fundamental rights to the citizens of India. These are – 1. Right to equality (Articles 14–18) 2. Right to freedom (Articles 19–22) 3. Right against exploitation (Articles 23–24) 4. Right to freedom of religion (Articles 25–28) 5. Cultural and educational rights (Articles 29–30) 6. Right to constitutional remedies (Article 32) 8|Page

Chapter – 2

Right to Equality (Articles 14-18) It guarantees to all persons (citizens as well as others) equality before the law and equal protection of law. It prohibits discrimination between citizens on ground only of religion, race, caste, sex, place of birth, or any of them. All citizens have equal access to shops, public entertainments and places of public resort, which are maintained wholly or partly by the State. However, special provisions may be made in respect of women, children, socially and educationally backward classes, and scheduled castes and tribes. The Constitution guarantees equal opportunities relating to public employment to all citizens, but some posts may be reserved for backward classes. It abolishes untouchability and also abolishes the system of conferring titles by the State, except military and academic distinctions. Various articles under the Right to Equality are explained as follows: Equality before Law: Equality before law is well defined under the Article 14 of the Constitution which ensures that every citizen shall be likewise protected by the laws of the country. It means that the State will not distinguish any of the Indian citizens on the basis of their gender, caste, creed, religion or even the place of birth. The state cannot refuse equality before the law and equal defense of the law to any person within the territory of India. This right not only applies to the citizens of India but also to all the people within the territory of India. Social Equality and Equal Access to Public Areas: The right of Social Equality and Equal Access to Public Areas is clearly mentioned under the Article 15 of the Constitution of India stating that no person shall be shown favoritism on the basis of color, caste, creed language, etc. Every person shall have equal admittance to public places like public wells, bathing ghats, museums, temples etc. However, the State has the right to make any special arrangement for women and children or for the development of any socially or educationally backward class or scheduled castes or scheduled tribes. This article applies only to citizens of India.

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Equality in Matters of Public Employment: Article 16 of the Constitution of India clearly mentions that the State shall treat everyone equally in the matters of employment. No citizen shall be discriminated on the basis of race, caste, religion, creed, descent or place of birth in respect of any employment or office under the State. Every citizen of India can apply for government jobs. However, there are some exceptions to this right. The Parliament may pass a law mentioning that specific jobs can only be filled by candidates who are residing in a particular area. This requirement is mainly for those posts that necessitate the knowledge of the locality and language of the area. Abolition of Untouchability: Article 17 of the Constitution of India abolishes the practice of untouchability in India. Practice of untouchability is declared as a crime and anyone doing so is punishable by law. The Untouchability Offences Act of 1955 (and now Protection of Civil Rights Act in 1976) states punishments for not allowing a person to enter a place of worship or from taking water from a well or tank. Abolition of Titles :Article 18 of the Constitution of India prohibits the State from granting any titles. Citizens of India are not allowed to accept titles from a foreign State. Titles like Rai Bahadurs and Khan Bahadurs given by the British government have also been abolished. Nevertheless, academic and military distinctions can be conferred upon the citizens of India. The awards of ‘Bharat Ratna’ and ‘Padma Vibhushan’ cannot be used by the beneficiary as a title and is not prohibited by the Constitution of India.

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Chapter – 3

Right to freedom (Articles 19–22) Right to liberty and personal freedom is another important fundamental right given by the Constitution of India. This right helps the citizens of India to enjoy a number of rights such as the freedom of speech and expression, freedom to assemble peaceably and without arms, to form associations or unions, to move freely throughout the territory of India, to reside and settle in any part of the territory of India; and to practice any profession, or to carry on any occupation, trade or business. Right to liberty and personal freedoms is explained as below:

Article 19: It guarantees the following six freedoms:

a)

To freedom of speech and expression;

b)

To assemble peaceably and without arms;

c)

To form associations or unions;

d)

To move freely throughout the territory of India;

e)

To reside and settle in any part of the territory of India;

f)

Omitted by 44th amendment act. (it was right to acquire, hold and dispose of property)

g)

To practice any profession, or to carry on any occupation, trade or business.

Article 20: Protection in respect of conviction for offences: According to the article 20 of Indian Constitution, no one can be penalized more than what the law of the land lays down. Also, no legal action shall be taken or no punishment shall be imposed on any person for the same offence more than once. This is known as the principle of double jeopardy. And no person who is charged by any offence shall be forced to be a witness against himself. Article 20 of Indian constitution protects against self incrimination.

Article 21: Protection of life and personal liberty: Article 21 of Indian constitution states that no citizen can be denied his life and liberty, except by law. In simple words, a person can lose his 11 | P a g e

freedom with respect of his life and personal liberty only if he has committed a crime. Article 21(A) was also included in 2002, by the 86th Amendment Act, which made the right to primary education part of the right to freedom, stating that the State would offer free and essential education to children from six to fourteen years of age. The Union cabinet cleared the Right to Education Bill in 2008, after making an amendment in the Indian Constitution.

Article 22: Protection against arrest and detention in certain cases: Article 22 of the Indian Constitution lays down the right of a person arrested under ordinary situation. Without being told the reasons for his/her arrest, no citizen of India can be arrested in normal circumstances. And if he/she gets arrested, the person has the right to defend himself by a lawyer of his choice. Thus, citizens of Indian are granted with the right to liberty and personal freedom subject to certain restrictions in order to maintain law and order in the country.

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Chapter – 4

Right against Exploitation (Articles 23-24) Article against Human Trafficking and Forced Labor: The first provision in the Article that mentions the Right against exploitation, states the ‘eradication of human trafficking and forced labor (beggar)’. Article 23 declares slave trade, prostitution and human trafficking a punishable offence. There is, however, an exception here in the form of employment without payment for compulsory services for public purposes. Compulsory military conscription is covered by this provision Article against Child Labor: Article 24 of the Indian Constitution prohibits abolition of employment of children below the age of 14 years in dangerous jobs like factories and mines. Child labour is considered gross violation of the spirit and provisions of the constitution. The parliament has also passed the Child Labor act of 1986, by providing penalties for employers and relief and rehabilitation amenities for those affected. Although Articles 23 and 24 lay down definite provisions against trafficking and child labor, the weaker sections of the society are still faced by such grave problems.

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Chapter – 5

Right to Freedom of Religion (Articles 25-28) Article 25: Freedom of conscience and free profession, practice and propagation of religion: According to this right, every person is equally permitted to enjoy the freedom of conscience and the right to acknowledge, practice and spread religion. However, this right is subject to certain restrictions to maintain public law and order, morality and peace in the country. This article will not hinder the operation of any existing law or prevent the State from making any law. It will also not restrict the working of any financial, economic, political or secular activity which may be related to the religious practice. Article 26: Freedom to run religious affairs: According to the Constitution of India, freedom to run religious affairs include the freedom to establish and maintain charitable institutions either to manage its own affairs in the matters of religion or to acquire and own movable and immovable property and to take care of such property, without infringing the law. Religious organizations can set up and control educational and other charitable institutions without any intervention of the state, except in case of any threat to public law and order. Article 27: No person shall be compelled to pay any tax for the promotion or maintenance of any religion: According to this article of Indian constitution, no person shall be forced to pay any taxes, the proceeds of which are particularly appropriated in payment of expenses for the spread or protection of any particular religion or religious denomination. Article 28: Freedom as to attendance at religious instruction or religious worship in certain educational institutions: According to this fundamental right, no religious instruction shall be offered in any educational institution wholly maintained out of State funds. No person attending any educational institution acknowledged by the State or receiving aid out of State funds shall be obliged to take part in any religious instruction that may be instructed or taught in such institution or to attend any religious worship that may be performed in such institution or in any premises. In case of a minor, his guardian has to give the consent for the same. 14 | P a g e

Chapter – 6

Cultural and Educational Rights (Articles 29-30) As India is a country of many languages, religions, and cultures, the Constitution provides special measures, in Articles 29 and 30, to protect the rights of the minorities. Any community that has a language and a script of its own has the right to conserve and develop it. No citizen can be discriminated against for admission in State or State aided institutions. All minorities, or linguistic, can set up their own educational institutions to preserve and develop their own culture. In granting aid to institutions, the State cannot discriminate against any institution on the basis of the fact that it is administered by a minority institution. But the right to administer does not mean that the State cannot interfere in case of maladministration. In a precedent-setting judgement in 1980, the Supreme Court held that the State can certainly take regulatory measures to promote the efficiency and excellence of educational standards. It can also issue guidelines for ensuring the security of the services of the teachers or other employees of the institution. In another landmark judgement delivered on 31 October 2002, the Supreme Court ruled that in case of aided minority institutions offering professional courses, admission could be only through a common entrance test conducted by State or a university. Even an unaided minority institution ought not to ignore the merit of the students for admission.

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Chapter – 7

Right to constitutional remedies (Article 32 ) The right to constitutional remedy was created as one of the main fundamental rights, because the constitution recognized the need to protect the rights of the citizens. In case of any one of the fundamental rights being deprived or denied to the resident of the country, the individual or the party has the right to present their case in a court. In this case, the court has the flexibility to assign writs to the public in the form of habeas corpus, mandamus, prohibition, quo warranto and certiorari. In the case of a national emergency, the government has the flexibility to append the right of the citizen. According to Article 32, Indian citizens can stand up and fight for their fundamental rights if they are breached.

The Writs 

A writ of Habeas corpus requires that a person under arrest should be brought before a judge or court. The underlying principle behind the writ of Habeas Corpus is that a prisoner should be released from unlawful detention. It originated from the English Legal system and has been adopted in many nations since. Another form of the writ known as the Great Writ is also a complex order submitted to the court, which demands the custodian or the keeper of the prisoner to provide sufficient proof or documents in support of his or her authority of keeping the prisoner.



The Writ of Mandamus is another important jurisdictional remedy in which an order is passed on from a superior institution to a supplementary, subordinate court or authority that prohibits the court or government official from performing a certain act under the nature of statutory obligation. This is basically issued in the form of command to either take a particular form of action or refrain from doing it, and is backed with legal rights and reasoning.

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

Prohibition is writ issued by the high court or the Supreme Court to the local courts to prevent them from proceeding with a case which does not fall under its jurisdiction.



Certiorari is a writ issued to lower courts, when these courts have gone beyond the scope of their jurisdictions.



Quo Warranto writ is issued to a person who has been wrongly appointed in the office of authority. This obligates the accused of presenting whatever evidence he or she has to the court to support the reasons for occupying a particular post.

Article 32 Components: The Article in the Indian Constitution states that the Supreme Court or can accept writs from citizens or organizations if any of the fundamental rights have been denied to them. Along with exercising writs, the Supreme Court can also give other lower courts or even take away the responsibility of jurisdiction for certain cases.

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Chapter – 8

EUTHANASIA What is Euthanasia? Euthanasia is the act of deliberately ending a person's life to relieve suffering. The term Euthanasia comes from two Ancient Greek words: ‘Eu’ means ‘Good’, and ‘thantos’ means ‘death’, so Euthanasia means ‘good death’. It is an act or practice of ending the life of an individual suffering from a terminal illness or in an incurable condition by injection or by suspending extra ordinary medical treatment in order to free him of intolerable pain or from terminal illness. Euthanasia is defined as an intentional killing by an act or omission of person whose life is felt is not to be worth living. It is also known as ‘Mercy Killing’ which is an act where the individual who, is in an irremediable condition or has no chances of survival as he is suffering from painful life, ends his life in a painless manner. It is a gentle, easy and painless death. It implies the procuring of an individual’s death, so as to avoid or end pain or suffering, especially of individuals suffering from incurable diseases. Oxford dictionary defines it as the painless killing of a person who has an incurable disease or who is in an irreversible coma. A person who undergoes euthanasia usually has an incurable condition. But there are other instances where some people want their life to be ended. Netherlands was the first country to legalise euthanasia and assisted suicide in April 2002. Active euthanasia Active euthanasia occurs when the medical professionals, or another person, deliberately do something that causes the patient to die. Passive euthanasia Passive euthanasia occurs when the patient dies because the medical professionals either don't do something necessary to keep the patient alive, or when they stop doing something that is keeping the patient alive. 

switch off life-support machines



disconnect a feeding tube



don't carry out a life-extending operation



don't give life-extending drugs 18 | P a g e

Chapter – 9

Euthanasia in India Right to life including the right to live with human dignity would mean the existence of such right up to the end of natural life. This may include the right of a dying man to die with dignity. But the ‘right to die with dignity’ is not to be confused with the ‘right to die’ an unnatural death curtailing the natural span of life. Thus the concept of right to life is central to the debate on the issue of Euthanasia. One of the controversial issues in the recent past has been the question of legalizing the right to die or Euthanasia. Euthanasia is controversial since it involves the deliberate termination of human life. Patient suffering from terminal diseases are often faced with great deal of pain as the diseases gradually worsens until it kills them and this may be so frightening for them that they would rather end their life than suffering it. So the question is whether people should be given assistance in killing themselves, or whether they should be left to suffer the pain cause by terminal illness.

Judgments A five-judge bench, headed by Justice J. S. Verma, in Gian Kaur vs State of Punjab in 1994 had held that both assisted suicide and euthanasia were unlawful. The bench stated that the right to life did not include the right to die, hence overruling the two-judge bench decision in P. Rathinam vs Union of India which struck down section 309 of Indian Penal Code (attempt to suicide) as unconstitutional. In the Gian Kaur case, the apex court held that Article 21 speaks of life with dignity, and only aspects of life which make it more dignified could be read into this Article, thereby pointing out that the right to die was inconsistent with it.3 However, later in Aruna Ramchandra Shanbaug vs Union Of India, the Supreme Court in March 2011 held that passive euthanasia could be given a nod in case of exceptional circumstances and under strict monitoring of the apex court.

3

https://thewire.in/health/passive-euthanasia-now-a-legal-reality-in-india

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Chapter – 10

ARUNA’S CASE – A NEW DIMENSION IN INDIAN LEGAL CONTEXT Recently the judgment of our Supreme Court in Aruna Ramchandra Shanbaug v. Union of India23 opened the gateway for legalization of passive euthanasia. In this case a petition was filed before the Supreme Court for seeking permission for euthanasia for one Aruna Ramchandra Shanbaug as she is in a Persistent Vegetative State (P.V.S.) and virtually a dead person and has no state of awareness and her brain is virtually dead. Supreme Court established a committee for medical examination of the patient for ascertaining the issue. Lastly the Court dismissed the petition filed on behalf Shanbaug and observed that passive euthanasia is permissible under supervision of law in exceptional circumstances but active euthanasia is not permitted under the law. The court also recommended to decriminalized attempt to suicide by erasing the punishment provided in Indian Penal Code. The Court in this connection has laid down the guidelines which will continue to be the law until Parliament makes a law on this point. 1. A decision has to be taken to discontinue life support either by the parents or the spouse or other close relatives, or in the absence of any of them, such a decision can be taken even by a person or a body of persons acting as a next friend. It can also be taken by the doctors attending the patient. However, the decision should be taken bona fide in the best interest of the patient. 2. Hence, even if a decision is taken by the near relatives or doctors or next friend to withdraw life support, such a decision requires approval from the High Court concerned as laid down in Airedale’s case (supra) as this is even more necessary in our country as we cannot rule out the possibility of mischief being done by relatives or others for inheriting the property of the patient. In this case question comes before the Court is under which provision of the law the Court can grant approval for withdrawing life support to an incompetent person. Then the Court held that it is the High Court under Article 226 of the Constitution which can grant approval for withdrawal of life support to such an incompetent person. The High Court under Article 226 of the Constitution is not only entitled to issue writs, but is also entitled to issue directions or orders After hearing the State and close relatives e.g. parents, spouse, brothers/sisters etc. of the patient, and in their absence his/her next friend, the High Court bench should give its verdict. The above procedure should be followed all over India until Parliament makes legislation on this subject. 20 | P a g e

Conclusion As mentioned earlier, not all these rights are available to the people residing in India but only to the citizens of India. Articles 15, 16, 19, 29 and 30 are only available to the citizens of India. All Fundamental Rights can be suspended except the fundamental rights guaranteed under article 20 and 21. Right to freedom is automatically suspended during Emergency. Some of the Fundamental rights are for the Indian Citizen only but some of the Fundamental Rights can be enjoyed both citizens and aliens. Fundamental Rights can be amended but they cannot be abrogated. The abrogation of Fundamental rights will violate the basic structure of the Constitution.

No such law could be guaranteed to be free to the possibility, if not the likelihood, of abuse, chiefly centered on the lives of other sick persons who did not want their lives taken. An especially dangerous aspect is that such abuse may be easily made undetectable. Thus although mercy killing appears to be morally justifiable, its fool-proof practicability seems near to impossible. After the Gian Kaur’s case, suicide has become illegal per se, but the same could not be said for euthanasia. Recently the judgment of our Supreme Court in Aruna Ramchandra Shanbaug v. Union of India legalized the passive euthanasia and observed that passive euthanasia is permissible under supervision of law in exceptional circumstances but active euthanasia is not permitted under the law. In view of the discussion above I believe that voluntary euthanasia should also be allowed in India and that the legislature should step in and make a special law dealing with all the aspects of euthanasia. So we need a law to legalize euthanasia with adequate safeguards. The recommendations laid down in the Reports of Law Commission of India and guidelines given in the Aruna’s case are to be taken into consideration when any law on that point is to be framed to prevent the mal practices and misuse of euthanasia. Besides, if the suggestions laid down above are implemented then the chances of misuse of euthanasia would be greatly reduced.

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REFERENCES 

https://en.wikipedia.org

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https://edugeneral.org

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https://www.iaspaper.net

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http://indiacode.nic.in

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http://www.elections.in

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www.endslaverynow.or

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https://en.wikibooks.org

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http://www.thehansindia.com

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http://www.importantindia.com

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https://www.affairscloud.com

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http://lawdominion.blogspot.in

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http://wisdomcrux.lawtimesjournal.in

Bibliography 

Indian Polity: M. Laxmikanth ( Fifth Edition)

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The Constitution on India: M. C. Jain Kagzi

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Our Constitution Government and Politics: M.V. Pylee

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Constitutional Law of India: J. N. Pandey

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Bare Act: The Constitution of India

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