RIGHT TO LIFE VIS-À-VIS RIGHT TO DEATH: AN INDIAN PERSPECTIVE

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Life is the most precious creation of God in this world. No matter how advanced science has become, creation of life and cause of death always remains an unfolded mystery.
Right to life is a natural right of every human being. ‘Liberty of a person’ and ‘leading a dignified life’ are the two most essential elements in an ordered society. Thus in India, Right to life is a fundamental right guaranteed to every person under Article 21 of the Indian Constitution. It states that “no one shall be deprived of his life or personal liberty except according to the procedure established by law.” The Right to Life enriched in Article 21 have been liberally interpreted so as to mean something more than mere survival and mere animal existence. The Supreme Court has asserted that Article 21 is the heart of the Fundamental Rights provided under Part III of the constitution.
Right to life is a term that describes a belief that a human being has an essential right to live and that too a meaningful and dignified life. The right to life under Article 21 of the Constitution has received the widest possible interpretation under the able hands of the judiciary and rightly so. It cannot and is not conferred upon us. This right is inalienable and is inherent in us. The right to life can also be interpreted to such an extent which leads to its self opposition/destruction i.e. can it include within its ambit the right not to live or the right to die? This is a crucial point where the debate arises, involving moral, legal medical and even political issues.
Life is a gift and even a painful one is a life at least. The general presumption is that every human being is desirous to live and enjoy the fruits of his life till he lives. However this presumption i...

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...rtunate person deserves sympathy, counselling and appropriate treatment, and certainly not the prison. Those who make suicide attempt on account of mental disorders require psychiatric treatment & not confinement in prison. Punishment serves no purpose. A bench of Justice Markandey Katju and Justice Gyan Sudha Mishra, which legalised passive euthanasia in India, said: “... the time has come when it should be deleted by Parliament as it has become anachronistic... A person attempts suicide in a depression, and hence he needs help, rather than punishment. We recommend to Parliament to consider the feasibility of deleting Section 309 from the IPC.”
Thus, instead of punishing such person, what we need to understand is the reason behind such a drastic step to terminate his own life.
"When life is so burdensome, death has become for man a sought-after refuge" - Herodotus

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