RIGHT TO DIE
Introduction
Let’s start our topic by going inside of our ‘ Fundamental Right’, provided by Article-21 which says “No person shall be deprived of his Life and personal liberty except according to procedure established by law”. Now, this right has its base mainly inside 3 words i.e., LIFE, Personal Liberty & procedure established by law”. Our topic is all about the word ‘LIFE’. Let’s start by digging deeper.
Right to life
In 1978, on the Maneka Gandhi bs Union of India case the apex court said that, “Life according to Article-21 is living with choice and dignity”. Here in Article 21, not the word ‘living’ was used but the word ‘LIFE’ was used. The same sentence was given in the case named Francis Curralle Mullin Vs Union Territory of Delhi 1982 as Life is ‘Living with Choice and Dignity’. So, till now we can conclude that the Life according to Article-21 is not living orwor merely breathing but doing with choice and dignity.
BLANKET OR UMBRELLA Right
We all know, that under Article-21 there are various rights covered. But have we ever considered that after Maneka Gandhi judgement of 1978, the scope of Article 21 broadened even more. If we think about more, only two words ‘ choice and dignity ‘ makes the ambit of Article 21 a little bit lesser than infinte in different aspects. For example: Article 21 a is right to education and education enables us with more and better choices and more dignity. Hence, Article 21 has an unimaginable scope under unimaginable circumstances.
Story of ‘Right to Die’
In 1973, a hospital named King Edward Memorial situated in Parel Mumbai became a crime scene of a very unfortunate case of rape and attempt to murder in which the 25 years old victim didn’t die and went to irreversible comma due to serious injuries in the brain. Later in 2010, a journalist named Pinky Verani filled a PIL for the victim in Bombay HC to allow euthanasia but it was denied and the case went to the Supreme Court. The argument behind the PIL was that the victim from last 37 years is not able to continue her Article 21 as she is on bed completely which means she do not have any choice or dignity. Here comes the question before the supreme court that ‘ Does Article 21 along with Right to live with choice and dignity covers Right to Die?’ Obviously a huge question. The victim died in 2011 due to pneumonia, but the question was alive. To resolve the question the apex court opened it’s old files and looked upon the case named ‘P. Rathinam Vs Union of India 1994’ in which it held that ‘ the right to die is a right enshrined under Article 21 and hence Section 309 of Indian Penal Code (it makes suicide a punishable offense and the P. Rathinam was about the attempt to suicide) is unconstitutional. But then comes the Judgement of the case Gian Kaur Vs State Of Punjab ( it was a case of Abetment to side) in which the Supreme Court overruled it’s judgement of P. Rathinam and held that just like ‘Article 19(1) A if someone has right to say or express his thoughts opinions and beliefs then he also has the right to remain silent or not to say anything’ in the same way under Article 21 ‘if someone has Right to live then he/she also have right not to live’ as a fundamental right but only in Natural deaths. Finally, in Common Cause Vs Union of India, 2018; the Supreme Court concluded that ‘Right to Die with Dignity’ is a fundamental right but there are 2 conditions under which it will be acceptable which are ‘Persistent Vegetative state’ and ‘living will’. These 2 concepts have their own legalities which contains various conditions and provisions whose final condition goes through the concerned state High Court confirming that there are no risks of anyone using these two conditions for one’s advantage.
So in this way Right to Die is a limited right. But IT EXISTS IN INDIA.
“Whatever crazy sorrow saith, No life that breathes with human breath has ever truly long’d for death’
(THE 2 VOICES By Alfred Tennyson)
SOURCES : 1) Maneka Gandhi vs Union of India 1978
2) P. Rathinam Vs Union of India 1994
3) Francis Curralle Mullin Vs Union Territory of Delhi 1982
4) Gian Kaur Vs State Of Punjab 1996
5) Official website of NHRC
6) YouTube
7) Google
— SAKET PATHAK