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Landmark judgement on Euthanasia

 Landmark judgement on Euthanasia

The Bombay High Court took up the issue of whether the right to die is contained in Article 21 of the Constitution for the first time. It goes like this:

(1) Maharashtra State vs. Maruty Sripati Dubal:

The Bombay High Court ruled that the right to life granted by Article 21 includes the right to die, and as a result, Section 309 of the Indian Penal Code, which punishes a person for attempting suicide, was declared unconstitutional.

(2) Chenna Jagadeeswar vs State of A.P.:

It was decided that the right to die is not a basic right under Article 21 of the Constitution, and so Section 309 of the IPC is not unconstitutional.

(3) P Rathinam vs Union of India:

In this case, a division bench of the Supreme Court, consisting of Mr Justice R.M. Sahai and Mr Justice Hansaria, agreed with the Bombay High Court's decision in the Maruti Sripati Dubal case and declared Section 309 of the Indian Penal Code, which makes "attempting to commit suicide" a criminal offence, unconstitutional. In Article 21 of the Constitution, the "right to live" includes the "right not to live," or the right to die or end one's life.

(4) Gian Kaur vs State of Punjab:

In this case, a five-judge Supreme Court constitution panel has finally overruled P Rathinam's plea, correctly ruling that Article 21 of the Constitution does not include the "right to die" or "right to be slain." "The right to die," like "death with life," is essentially incompatible with "the right to life."

(5) Aruna Ramchandra Shaunbaugh vs Union of India:

Justice Markandey Katju and Justice Gyan Sudha Mishra of a two-judge bench took the first step toward making passive euthanasia legal.

Finally, on March 9, 2018, a five-judge Constitution bench, led by then-Chairman of the Supreme Court of India Dipak Misra and Justices AK Sikri, AM Khanwilkar, DY Chandrachud, and Ashok Bhushan, held that the right to die with dignity is a fundamental right that cannot be separated from the right to life under Article 21 of the Indian Constitution.


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