Authored by Ayush Agarwal, a 2nd-year law student at National Law Institute University, Bhopal
Abstract
On the internet, there is an abundance of literature about passive euthanasia. However, there are not many resources that cover the idea of active euthanasia and how it might benefit a nation like India, having a surging population in comparison to the limited medical facilities. This article aims to explain what euthanasia is and its different aspects, further the Indian perspective, along with the status in certain well-known nations around the world that have legalised it. The Supreme Court of India has previously rendered a judgment on this matter that it should remain illegal. However, there are still some arguments against it that need to be thoroughly examined. The general argument put forth against its legalisation is misuse or breach of privacy that is countered with logical reasons and leaves no stone unturned to cover all the perspectives as to why it should be legalised in India. There was a debate over the legalisation of passive euthanasia, too. Still, with the evolution of society, the perspective changed wherein the rights of the individual are considered to be above the rights of the society as it is the one who forms the society. The State's failure to prioritise development while disregarding the physical and emotional suffering of individuals by prohibiting manual death is evident. Hence, limited legislation allowing active euthanasia could be considered to address this issue effectively.
Keywords: #ActiveEuthanasia, #Legalise, #TerminallyIll, #PeacefulDeath, #JudicialPrecedents.