CLAT 2022- Is Right to Die included in Article 21 of the Indian Constitution

Legal Definition of Death

Death can be defined as the cessation of life. Death can be characterized basically into two kinds –

(i) natural

(ii) unnatural death

• It can be caused by the action as well as the inaction of a person. Causing the extinction of a life unnaturally by the act of oneself over himself or someone else is morally wrong as well as legally punishable. But there are exceptions too.

• In certain circumstances, death is allowed when it is with the full and real consent of the person who is going to die. It is a very actual fact that we fear death, at least a premature end. Every living being in this world wants to live a long life and by every possible means intends to increase the longevity of their lives.

• Even recent advancements in medical technology can help prolong death which is done by providing artificial respiration and nutrition to the patient who is terminally ill or in a vegetative state for years together.

Suicide

• Suicide is a method to exercise the right to die. Commonly, when people are not content with their lives, they choose to commit suicide.

• This discontentment can arise due to various factors such as mental disease, severe physical ailments, affliction by socially dreaded infections, depression or losing all kinds of interests to live or a sense of shame or disgrace, physical disability, and many other such factors.

Assisted Suicide

• Assisted suicide happens when another person helps the person who is willing to commit suicide, with all the guidance and tools to take his own life, with the intention that whatever he is providing the person with, will be used for fulfilling this purpose only.

• Physicians can also assist a person in committing suicide which is called ‘physician-assisted suicide’. In India, under sections 305 and 306 of the I.P.C., 1860, abetment of suicide is expressly punishable.

Euthanasia

It can be defined as the intentional killing by act or omission of a dependent human being for his or her purported benefit. The term was derived from the Greek words ‘E.U.’ and ‘Thanatos’ which means ‘good or easy death’. There are five types of euthanasia, namely –

(i) Active,

(ii) passive,

(iii) voluntary,

(iv) involuntary,

(v) non-voluntary.

• Active euthanasia means a positive merciful act to end useless suffering and meaningless existence. It is an act of commission. Passive euthanasia means to let die. It implies discontinuing life-sustaining procedures that will prolong life.

• It can also include an act or omission such as failure to renew a terminally ill patient or not to carry out a life-extending operation, etc. Voluntary euthanasia happens when the person concerned gives his consent for it.

• Involuntary euthanasia is practicing euthanasia against the will of the person. Again, non-voluntary euthanasia occurs when the person is in such a situation that he can’t possibly give his consent. His relatives may consent to his death at that time.

In modern parlance, the ‘freedom to die’ seems to have emerged from the rights of privacy, autonomy, and self-determination. But the real issue today is of three types:

(i) The people who want to commit suicide themselves: The act of suicide is an offense, but it is not possible to punish the individual who is successful in executing it. The attempt to commit suicide is, however, punishable under section 309 of I.P.C. Though in some countries, this is not punishable.

(ii) The people who can articulate their desire to commit suicide but are infirm due to some reason and need support from others.

(iii) The people who are not adept enough to consent to their death because of physical or mental disability.

Conclusion

In conclusion, it can be said that to resolve this debate, the battle between the principle of the sacredness of life and the rights of self-determination and self-esteem of an individual is to be determined first and the right to die should not be generalized but should be implemented as an exception in the rarest of rare cases.