EUTHANASIA, RIGHT TO LIFE AND SECTION 309 OF INDIAN PENAL CODE

Paper authored by Tushar Jain, law student from Marwadi University Gujarat

“Euthanasia” is a word which has is derived from Greek word, “eu” which signifies “good” and “thanatos” signifies “death” which implies a good demise. 

The term Euthanasia typically suggests a purposeful end of life by another at the express solicitation of the individual who wishes to kick the bucket. Willful extermination is commonly characterized as the demonstration of killing a seriously sick individual out of concern and empathy for that individual’s affliction or suffering. This process is also known as “Mercy killing”. However, numerous advocates of willful extermination characterize this process as a way of ending someone else’s life without their solicitation.

Euthanasia, on the other hand, is usually separated into two categories: 

  • Passive euthanasia 

Passive Euthanasia occurs when the patient dies because the medical professionals either don’t do something necessary to keep the patient alive or when they stop doing something that is keeping the patient alive, like switch off life-support machines, disconnect a feeding tube, don’t carry out a life-extending operation or don’t give life-extending drugs.

  • Active euthanasia

Active Euthanasia happens when the clinical experts, or someone else, intentionally accomplish something that makes the patient die. 

Many people make a moral distinction between active and passive euthanasia. They feel that it is satisfactory to retain treatment and permit a patient to pass on, yet that it is never adequate to murder a patient by a purposeful demonstration. Some clinical individuals like this thought. They think it permits them to give a patient demise they need without managing the troublesome good issues they would confront on the off chance that they intentionally executed that individual. In many jurisdictions, active euthanasia can be considered murder or Manslaughter. In contrast, passive euthanasia is accepted by professional medical societies, and by the law under certain circumstances.

Definitions:

According to the definition given in Oxford Dictionaries, Euthanasia means, “The painless killing of a patient suffering from an incurable and painful disease or in an irreversible coma”.[1]

Again, according to Black’s Law Dictionary (8th edition) euthanasia means “the act or practice of killing or bringing about the death of a person who suffers from an incurable disease or condition, esp. a painful one, for reasons of mercy”.[2]

From the above statements, we can interpret that “Euthanasia” is the practice of killing one person who is suffering from some serious, painful illness, so that he/she can get relief from his pain on the ground of mercy.


[1] “Euthanasia”. Oxford Dictionaries. Oxford University Press. April 2010. Archived from the original on 21 August 2011Retrieved 26 April 2011.

[2] Black’s Law Dictionary.

Read Full Paper here-

Leave a Reply

Fill in your details below or click an icon to log in:

WordPress.com Logo

You are commenting using your WordPress.com account. Log Out /  Change )

Google photo

You are commenting using your Google account. Log Out /  Change )

Twitter picture

You are commenting using your Twitter account. Log Out /  Change )

Facebook photo

You are commenting using your Facebook account. Log Out /  Change )

Connecting to %s