Is the Right to Die a Fundamental Right?
Is the Right to Die a Fundamental Right

In India, two concepts are required to be discussed in case of death as a right. They are:

1. Suicide

Suicide is when someone tries to kill themselves intentionally. In India, if someone attempts to commit suicide, they are punished under section 309 of the Indian Penal Code, 1860, for which imprisonment can be extended up to one year.

But with the enactment of the Mental Healthcare Act, 2017, an exception to section 309 of the Indian Penal Code was added under section 115 of the Act.

Bare Act PDFs

Section 115 of the Mental Healthcare Act, 2017, mentions that punishment under section 309 of the IPC shall not be imposed if the accused attempts suicide due to severe mental stress.

Also, under section 306 of the IPC, if any person abets a person to commit suicide, that person shall be liable for imprisonment up to ten years and a fine.

2. Euthanasia

Euthanasia is an act of killing someone who is suffering from an incurable disease, illness, or is living a painful life with the assistance of a medical practitioner.

Initially, euthanasia was not recognised in India, but after the Supreme Court’s judgment in Aruna Ramchandra Shanbaug vs Union of India, passive euthanasia was legalised.

Passive euthanasia is when a person dies due to the removal of artificial life-supporting systems like a feeding tube or ventilator. Also, passive euthanasia can only be practised under the supervision of the High Courts.

Bare Act PDFs

When a person dies by injecting a lethal dose of a drug, it is known as active euthanasia, which is not recognised in India legally.

Wrapping up

Both suicide and euthanasia are entirely different concepts. Suicide is when a person intentionally kills himself for reasons such as depression, frustration, family problems, career problems, relationship problems, financial problems, etc. Whereas euthanasia is when someone who is suffering from an incurable disease or illness is killed to end their painful life.

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Ankita Trivedi
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