Euthanasia And Assisted Suicide Criminalisation
Euthanasia & Assisted Suicide – Legal Concept and Criminalisation
1. What is Euthanasia?
Euthanasia refers to intentionally ending a person’s life to relieve suffering.
It has two main forms:
Active Euthanasia: A deliberate act to end life (e.g., administering lethal injection).
Passive Euthanasia: Withholding or withdrawing medical treatment that keeps the patient alive.
2. What is Assisted Suicide?
Assisted suicide means providing assistance, tools, or instructions to someone so they can end their own life.
In India, active euthanasia and assisted suicide are criminal offences, while passive euthanasia is permitted under strict guidelines.
Legal Provisions (India)
1. Section 302 IPC – Murder
If a doctor or any person actively causes death, it can amount to murder.
2. Section 304 IPC – Culpable Homicide
If intention is absent but death is caused, it may be culpable homicide.
3. Section 306 IPC – Abetment of Suicide
Assisting or encouraging someone to commit suicide is punishable (up to 10 years).
4. Section 309 IPC – Attempt to Commit Suicide
The law still technically criminalises attempted suicide, though the Mental Healthcare Act, 2017 creates a presumption of mental illness and protects the person from prosecution.
Key Case Laws (More Than 5, Each Explained in Detail)
**1. Aruna Ramchandra Shanbaug v. Union of India (2011)
Importance: First case to allow passive euthanasia under strict conditions
Facts:
Aruna Shanbaug, a nurse, was sexually assaulted in 1973, leading to a vegetative state for 42 years. A petition was filed seeking permission for passive euthanasia by stopping feeding.
Judgment:
The Supreme Court allowed passive euthanasia but only under supervision of the High Court.
It introduced the “parens patriae” principle (court acts as parent of the patient).
However, the Court rejected Aruna’s euthanasia request because the hospital staff wanted her to live.
Impact:
This was the first time passive euthanasia received legal recognition, though with strict judicial control.
**2. Gian Kaur v. State of Punjab (1996)
Importance: Upheld constitutionality of Section 306 IPC (abetment to suicide)
Facts:
Gian Kaur and her husband were convicted for abetting the suicide of their daughter-in-law. They challenged Section 306 IPC as being violative of Article 21 (Right to Life).
Judgment:
The Supreme Court held that Right to Life does not include Right to Die.
Therefore, assisted suicide remains a crime.
However, the Court recognised that the right to die with dignity is part of the right to life, which later helped legalise passive euthanasia.
Impact:
This decision overturned the earlier judgment in P. Rathinam v. Union of India (1994).
**3. Common Cause (A Registered Society) v. Union of India (2018)
Importance: Legalised Passive Euthanasia and Living Will in India
Facts:
A PIL sought recognition of the right to die with dignity and legality of living wills.
Judgment:
The Supreme Court allowed passive euthanasia without requiring High Court approval (unlike Aruna Shanbaug).
It recognised Advance Directives / Living Wills as legally valid.
The Court held that the Right to Die with Dignity is part of Article 21.
Impact:
This case is the current legal framework governing euthanasia in India.
**4. P. Rathinam v. Union of India (1994)
Importance: Temporarily decriminalised suicide attempts
Facts:
The petition challenged Section 309 IPC on constitutional grounds.
Judgment:
The Supreme Court held that Section 309 IPC is unconstitutional, saying Right to Life includes the right not to live.
Suicide attempt was declared not a crime.
Impact:
This judgment was short-lived because it was overruled in Gian Kaur (1996). However, it influenced later reforms like the Mental Healthcare Act, 2017.
**5. Naresh Marotrao Sakhre v. Union of India (1995)
Importance: Clarified that euthanasia is different from suicide
Facts:
A PIL sought legal recognition for euthanasia.
Judgment:
The Bombay High Court held that euthanasia is not the same as suicide, so Section 309 IPC (attempted suicide) cannot be applied to euthanasia cases.
Euthanasia involves active intention of another person to cause death.
Only Parliament can legalise euthanasia, not courts.
Impact:
This judgment clarified legal distinctions used in later Supreme Court cases.
**6. State of Maharashtra v. Maruti Shripati Dubal (1987)
Importance: First case to rule that Right to Life includes Right to Die
Facts:
A police constable attempted suicide due to mental illness. He was prosecuted under Section 309 IPC.
Judgment:
The Bombay High Court held that Right to Life includes Right to Die.
Section 309 IPC was declared unconstitutional.
Impact:
This was relied upon in the later P. Rathinam judgment.
**7. Smt. Shanta Rangaswamy v. Union of India (Karnataka HC, 1987)
Importance: Reaffirmed criminalisation of assisted suicide
Facts:
A petition was filed seeking permission for euthanasia for an elderly woman suffering from chronic illness.
Judgment:
The Court refused to permit euthanasia, stating that no Indian law allows intentional killing, even at the request of a patient.
It emphasised that such decisions must come through legislation, not judicial orders.
Impact:
Helped maintain the strict criminalisation of euthanasia until Aruna Shanbaug.
**8. Chenna Jagadeeshwar v. State of AP (1988)
Importance: Clarified mental state for abetment to suicide
Facts:
The accused was charged with encouraging a woman to commit suicide.
Judgment:
The Court held that mere harassment is not enough for abetment; there must be intention or active instigation.
The decision indirectly supports the idea that assisted suicide requires clear evidence of participation, making prosecutions difficult.
SUMMARY OF LEGAL POSITION (India)
| Issue | Legal Status |
|---|---|
| Active Euthanasia | Illegal (treated as murder/culpable homicide) |
| Assisted Suicide | Illegal (Section 306 IPC) |
| Attempted Suicide | Technically criminal, but protected by Mental Healthcare Act |
| Passive Euthanasia | Legal under Common Cause (2018) |
| Living Will / Advance Directive | Legal (with safeguards) |
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