“I’m not afraid of being dead. I’m just afraid of what might have to go through to get there.”  -Pamela Bone.

We are living in the world where you choose country, choose your spouse, choose your business, you can choose how to live, but you cannot choose how to die. Everyone agree that life is the most precious gift that human being has been given. In spite of that, there are situations when life becomes so difficult or unbearable, so suffers wish in that situation that they were dead or had never been born. The primary question that arises is whether people should have the right to die and what may be the principle justifying such right.

In India there was huge discussion relating to the right to die. Whether it is included in right to life or not? Right to life is a basic natural right of human beings. In India, it is a fundamental right guaranteed under Article 21 that is Part-III of the Constitution of India. Article 21 states that:

“No person shall be deprived of his life or personal liberty except according to procedure established by law”

This fundamental right confers an obligation on the state to ensure good quality of life, livelihood, liberty and a dignified life to the people, both citizens and otherwise.

Right to life versus right to die in India:

Art, 21 confers on a person the right to live a dignified life. Dose it also confers a right not to live or right to die if a person choose to end his life; if so, what is the use of sec. 309 of IPC 1860, which punish a person who attempting to commit suicide?

The question arises whether right to life under Art. 21 includes right to die or not. This question came for consideration for first time before the H.C. of Bombay in State of Maharashtra v/s Maruti Sripati Dubal [1] AIR 1987 Cr. L.J.549.

In this case the Bombay H.C. held that the right to life guarantees under Art.21 includes right to die, and stuck down sec.309 IPC which provides punishment for attempt to commit suicide by a person as unconstitutional.

Rathinam v/s Union of India [2] (1994) SCC 394 it was held that the ‘right to life and liberty’ under Art. 21 also includes ‘right to die’

Gian Kaur v/s State of Punjab [3] 1996 SCC (2) 648 the Court overruled the decision of the Division Bench in the above stated cases and has put an end to the controversy and ruled that Art.21 is a provision guarantee protection of life and personal liberty.

New dimension to the right to die (Aruna Shanbaug case)

Euthanasia is termination of life of person who is terminally ill or in a permanent vegetative state. In other words intentionally ending of life in order to relieve pain and suffering. In the important judgment – Aruna Ramchandra Shanbaug v/s UOI, (2011) 4 SCC 454 the SC allowed “passive euthanasia” of withdrawing life support to patient in permanently vegetative state (PVS) but rejected active euthanasia of ending life through administration of lethal substances. So in connection of this the SC allowed passive euthanasia as permissible under section 309 of the IPC. On 9 March 2018, the Supreme Court of India, passed a historic judgement-law permitting Passive Euthanasia in the country.

The same judgement-law also asked for the scrapping of 309, the code which penalizes those who survive suicide-attempts. In December 2014, government of India declared its intention to do so.

Right to die around the world

Euthanasia is categorized in different ways, which includes voluntary, non-voluntary and involuntary. Voluntary euthanasia is legal in some countries like Belgium, Netherland, etc., Non-voluntary euthanasia is illegal in all countries. Invalid euthanasia is usually considered murder. 

Netherland – In April 2002, the Netherland becomes the first country to legalise euthanasia and assisted suicide. It imposes strict set of conditions that the patients must be suffering from unbearable pain and the demand must be made in “full consciousness” by the patient.·        

United State – Since 1997, three states in the US have passed assisted suicide laws. Oregon, Washington and Vermont have laws that provide a protocol for the practice of physician assisted suicide.·        

Germany and Switzerland – In Germany and Switzerland, active assisted suicide i.e., a doctor prescribing and handling over a lethal drug is illegal. But German and Swiss law does allow assisted suicide within certain circumstances.·        

Belgium – Belgium passed a law in 2002 legalising euthanasia, becoming the second country in the world to do so.·        

New Zealand – In New Zealand, in 2015, lawyer and cancer sufferer Lecretia seals brought a case to the HC for her right to the assistance of her GP, asking for a declaration that her GP would not risk conviction. So, the decision is pending relating to that in the HC.

The right to die is the ethical or institutional entitlement of the individual to commit suicide or to undergo voluntary euthanasia. This right to die is often understood to mean that a person with terminated illness should be allowed to commit suicide or assisted suicide or to decline life prolonging treatment.Almost all counties are allowing euthanasia or assisted suicide including India.In conclusion, it can be said that person who is born in world will also die one day. This is the universal truth, where there is life there is death. Nobody can escape from death. But one thing which every man deserve in his life is Right to life as well as Right to die with dignity. No one should be deprived from this right.To dissolve this debate, the conflict between the principle of sanctity of life and the right of self determination and dignity of an individual is to be resolved first and right to die should not be generalized but should be exercised as an exception in the rarest of rare cases.