Right To Life Needs To Include Right To Die Or Not? – Well right to life is fundamental right of every citizen of India which is given under article 21 of our constitution. Article 21 provides that no one shall be deprived of their own life and liberty except procedure established by law. Let’s understand this concept in detail:
Here we got to know by the body of article 21 that the person’s life and liberty can only be taken out by legal procedure. The concept of procedure established by law has actually borrowed from Japan. The India and Britain follows this concept. The first case in the constitutional history on it named as Gopalan case also called as narrow-minded case because in this case our Apex court held that only the procedure that must be followed whereas no worries about the fair and justice with the person.
Right to Life in America
On the other hand United States of America follows the Due Process of law which means before depriving any person’s life we have to check is this reasonable, fair and justice and is this punishment is according to natural justice or not? So in India by landmark judgement Maneka Gandhi case we also adopt the concept of due process of law in our constitution. So now, before passing death sentence due process of law has also been seen.
Concept of Passive Euthanasia
It is also known as mercy killing. Very important judgement of Supreme court passed in case of Aruna Shan Bhag Roy in which Honble court allowed passive euthanasia but with conditions. That conditions are :
- Consent of patient needed & where the patient is not in fit state than any of his/her guardian’s consent needed.
- Three members doctor’s committee which declared that there is no chance of recovery.
- Final permission will be given by respective High Court of the State.