BASICS OF CASE LAW SYNOPSIS

DR. RAM MANOHAR LOHIYA NATIONAL

LAW UNIVERSITY
2017-18
BASICS OF CASE LAW

SYNOPSIS
ON

“EUTHANASIA: LAW AND ETHICS AND A RIGHT TO

DIE WITH DIGNITY”

SUBMITTED TO SUBMITTED BY

MR. BHANU PRATAP SINGH NEHA KUMARI BIND

ASSTT. PROF. (LAW) ROLL NO. : 170101086
1 ST YEAR (1ST SEMESTER)
 BASICS OF CASE LAW SYNOPSIS

TABLE OF CONTENTS
TITLE PAGE NUMBER
INTRODUCTION……………………………………………………..1

TITLE…………………………………………………………………..2

RESEARCH METHODOLOGY……………………………….…….2

SCOPE OF THE RESEARCH…………………………………….….2

OBJECTIVES OF THE RESEARCH…………………………….….3

LITERATURE REVIEW……………………………………….…….4

HYPOTHESIS OF THE RESEARCH…………………………….....4

RESEARCH TOOLS…………………………………………….….…5

TENTATIVE CHAPTERISATION……………………………….....5
CHAPTER 1. INTRODUCTION…………………………………....5
1.1. MEANING
1.2. CLASSIFICATION
1.2.1. ACTIVE EUTHANASIA
1.2.2. PASSIVE EUTHANASIA
1.2.3. VOLUNTARY EUTHANASIA
1.2.4. INVOLUNTARY EUTHANASIA
1.3. HISTORICAL DEVELOPMENT
CHAPTER 2. EUTHANASIA AND ETHICS…………………….…5

CHAPTER 3. LEGAL ASPECTS OF EUTHANASIA……………..6

CHAPTER 4. STATUS OF EUTHANASIA IN NDIA

AND THE JUDICIAL TREND……………………..6

CHAPTER 5. EUTHANASIA: INTERNATIONAL

PERSPECTIVE……………………………………….6

CHAPTER 6. CONCLUSION………………………………………..6

6.1 SUGGESTIONS……………………………………………….…..6

BIBLIOGRAPHY……………………………………………….……..7
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1. INTRODUCTION:
EUTHANASIA IS A VERY OLD ISSUE, WITH ITS ROOTS IN CLASSICAL
THINKING. THROUGHOUT THE COURSE OF HISTORY, HOWEVER, IT HAS
BEEN UNDERSTOOD DIFFERENTLY. IN RECENT TIMES THE CONCEPT OF
EUTHANASIA HAS BECOME INCREASINGLY UNDER THE SPOTLIGHT DUE
TO THE ONGOING TECHNICIZATION OF MEDICINE. THERE ARE SEVERAL
OTHER COMPOUNDING FACTORS MAKING THE ISSUE OF EUTHANASIA A
PRESSING PROBLEM FOR CONTEMPORARY SOCIETY. ONE CAN EXPECT
THAT THE CONTROVERSY SURROUNDING THE MORAL ACCEPTABILITY OF
EUTHANASIA AND ITS DECRIMINALIZATION WILL REMAIN A CHALLENGE
FOR OUR AGEING SOCIETIES IN THE TWENTY FIRST CENTURY.
THE WORD ‘EUTHANASIA’ IS A DERIVATIVE FROM THE GREEK WORDS
‘EU’AND ‘THANOTOS’ WHICH LITERALLY MEAN “GOOD DEATH”. IT IS
OTHERWISE DESCRIBED AS MERCY KILLING. EUTHANASIA IS THE
INTENTIONAL PREMATURE TERMINATION OF ANOTHER PERSON’S LIFE
EITHER BY DIRECT INTERVENTION (ACTIVE EUTHANASIA) OR BY
WITHHOLDING LIFE-PROLONGING MEASURES AND RESOURCES (PASSIVE
EUTHANASIA), EITHER AT THE EXPRESS OR IMPLIED REQUEST OF THAT
PERSON (VOLUNTARY EUTHANASIA), OR IN THE ABSENCE OF SUCH
APPROVAL (NON-VOLUNTARY EUTHANASIA). THE DEATH OF A
TERMINALLY ILL PATIENT IS ACCELERATED THROUGH ACTIVE OR
PASSIVE MEANS IN ORDER TO RELIEVE SUCH PATIENT OF PAIN OR
SUFFERING.
THIS PAPER TRIES TO EXPLORE THE ETHICAL AND LEGAL ISSUES
PERTAINING TO EUTHANASIA. IN THIS PAPER, AN ATTEMPT IS MADE TO
ANALYZE THE ARGUMENTS FOR AND AGAINST EUTHANASIA WHETHER IT
SHOULD BE LEGALIZED OR NOT? . THE PAPER CONCLUDES BY MAKING AN
ANALYSIS ABOUT THE LEGALITY AND ACCEPTABILITY OF EUTHANASIA IF
LEGALIZED.

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2. TITLE:
THE TITLE FOR THE RESEARCH IS “EUTHANASIA: LAW AND ETHICS AND
A RIGHT TO DIE WITH DIGNITY”.

3. RESEARCH METHODOLOGY:
RESEARCH IN THIS WORK HAS BEEN DONE HAVING RELIANCE MAINLY ON
DOCTRINAL METHOD OF RESEARCH. THE METHODOLOGY ADOPTED FOR
THE PRESENT IS DOCTRINAL, ANALYTICAL, AND DESCRIPTIVE. THE
RESEARCHER MAINLY DEPENDED ON THE PRIMARY SOURCES LIKE
STATUTES AND COMMITTEE REPORTS AND SECONDARY SOURCES LIKE
BOOKS, ARTICLES, JOURNALS, CASE LAWS AND WEBSITES. OPINION OF
RESEARCH SCHOLARS AND PROFESSORS ARE USED AS A REAL
CONTRIBUTION TO THIS WORK. INTERNET HAS PROVIDED A MAJOR
CONTRIBUTION OF MOST RELEVANT AND LATEST INFORMATION ON THE
WEB WHICH HAS HELPED THE RESEARCHER TO EXPLORE THE SUBJECTS
THROUGH VARIOUS DIMENSIONS. DR. RAM MANOHAR LOHIYA
NATIONAL LAW UNIVERSITY, LUCKNOW, MADHU LIMAYE LIBRARY e-
RESOURCES HAVE PLAYED A CRUCIAL ROLE IN BRINGING OUT SPECIAL
MATERIAL FOR THIS RESEARCH WORK .

4. SCOPE OF RESEARCH:
EUTHANASIA HAS ITS PROS AND CONS. IT IS DISCUSSED COUNTRY WIDE.
THE AWARENESS REQUIRED FOR THE SUBJECT MUST BE EXTENSIVE
AND NEEDS STUDIOUS APPROACH. UNFORTUNATELY IT IS MINIMAL ON
NATIONAL FRONT; THEREFORE THE SCOPE OF THE RESEARCH PROBLEM IS
LIMITED TO INDIAN SCENARIO.
THE JUDICIARY IS THE MOST FUNCTIONAL BODY ON THE SUBJECT. THE
SUPREME COURT HAS ACKNOWLEDGED THE DISTINCTION BETWEEN THE
“ACT OF KILLING” AND “NOT SAVING ONE’S LIFE”. ACCORDINGLY, THE
COURT ALSO EMPHASIZED TWO DISTINCT TYPES OF EUTHANASIA:

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 ACTIVE EUTHANASIA AND

 PASSIVE EUTHANASIA.
THIS RESEARCH ALSO EXTENDS TO…
 THE CONSTITUTIONAL PROVISIONS.
 THE INDIAN PENAL CODE.
 INTERNATIONAL PERSPECTIVES OF EUTHANASIA.
THE RESEARCH BEING A SOCIO-LEGAL RESEARCH IS ALSO USEFUL IN
CHANGING SOCIETY’S VIEW. MANY COMPLEX ISSUES CAN BE ADDRESSED
THROUGH THIS. THE NEEDS OF EVERY PARTY INVOLVED CAN BE
RECOGNIZED.

5. OBJECTIVES OF THE RESEARCH:

EUTHANASIA IS AN INCREASINGLY DEBATED SUBJECT AMONG
SPECIALIZED PROFESSIONALS AND ALSO AMONG LAY PEOPLE, EVEN IN
COUNTRIES SUCH AS BRAZIL WHERE IT IS NOT AUTHORIZED. IT IS
QUESTIONABLE, HOWEVER, IF THE CONCEPT OF EUTHANASIA IS WELL
KNOWN BY THESE PERSONS.THEREFORE THE OBJECTIVES OF THE MY
RESEARCH ARE AS FOLLOWS;
 THE MAIN GOAL OF THE RESEARCH IS TO KNOW ABOUT THE
BENEFITS OF LEGALIZATION OF EUTHANASIA.
 TO STUDY THE LEGISLATION IN SOME COUNTRIES RELATING TO
EUTHANASIA.
 TO STUDY AND UNDERSTAND HOW EUTHANASIA IS RELATED TO
MORALITY AND ETHICS.
 TO STUDY AND ANALYSE WHETHER THERE SHOULD BE A RIGHT
TO DIE WITH DIGNITY OR NOT?.
 TO STUDY THE PRINCIPLE OF CAUSING THE DEATH OF A PERSON,
WHO IS IN A PERMANENT VEGETATIVE STATE WITH NO CHANCE OF
RECOVERY, BY WITHDRAWING ARTIFICIAL LIFE-SUPPORT IS ONLY AN
‘OMISSION (OF SUPPORT TO LIFE ) AND NOT AN ACT OF KILLING’.

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6. LITERATURE REVIEW:
THERE ARE MANY BOOKS WHICH DEALS WITH EUTHANASIA ‘THE
FUTURE OF ASSISTED SUICIDE AND EUTHANASIA’ IS ONE SUCH BOOK
WHICH IS WRITTEN BYNEIL M. GORSUCH WHICH PROVIDED ME THE
MOST THOROUGH OVERVIEW OF THE ETHICAL AND LEGAL ISSUES RAISED
BY ASSISTED SUICIDE AND EUTHANASIA--AS WELL AS THE MOST
COMPREHENSIVE ARGUMENT AGAINST THEIR LEGALIZATION . IN
‘ARUNA’S STORY’, JOURNALIST PINKI VIRANI HAS RECREATED THE
REAL-LIFE TRAGIC EVENTS OF ARUNA SHANBAUG, A NURSE WHO ONCE
WORKED AT KING EDWARD MEMORIAL HOSPITAL THROUGH THIS WELL-
RESEARCHED NARRATIVE, I CAN COME ACROSS MANY DETAILS OF THE
VICTIM S LIFE, WHICH PAINTS A PERSONAL ACCOUNT OF THIS WOMAN S
LIFE.IT ALSO PROVIDED A DETAILED ACCOUNT OF THE EVENTS THAT
FOLLOWED AFTER THE INCIDENT OCCURRED, INCLUDING AND UP TO THE
LATEST DEVELOPMENTS IN THE CASE. ‘RIGHT TO DIE AND EUTHANASIA
(LIBRARY IN A BOOK)’ BY LISA YOUNT PUT EMPHASIS ON HOW THE
UNITED STATES, AND INDEED THE WESTERN WORLD, IS BITTERLY
DIVIDED ON THE ISSUES OF THE RIGHT TO DIE AND EUTHANASIA. WITH
THE HELP OF THIS WORK I GOT AN OVERVIEW OF THE HISTORY OF THIS
TOPIC, AS WELL AS THE OPINIONS SURROUNDING IT. ALSO MANY OTHER
ARTICLES, JOURNALS AND MAGAZINES HELPED ME FINDING THE
INTRICACIES OF THE ISSUE AT HAND AND ALSO LET ME HELP RESOLVE
THOSE ISSUES.

7. HYPOTHESIS OF THE RESEARCH:

‘HYPOTHESIS’ IS DERIVED FROM TWO WORDS: ‘HYPO’ MEANS
‘UNDER’, AND ‘THESIS’ MEANS AN ‘IDEA’ OR ‘THOUGHT’. HENCE,
HYPOTHESIS MEANS ‘IDEA’ UNDERLYING A STATEMENT OR PROPOSITION.
THE HYPOTHESIS IS AS FOLLOWS:
 EUTHANASIA IS A CONFLICT BETWEEN LIFE AND DEATH.

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 WHAT ARE THE MORAL AND ETHICAL ISSUES IN EUHANASIA?.

 WHETHER RIGHT TO LIFE INCLUDES RIGHT TO DIE?
 WHETHER PATIENS IN VEGETATIVE STATE BE ALLOWED TO BE
EUTHANISED ?
 HOW FAR WILL IT BE ACCEPTABLE IF LEGALIZED?

8. RESEARCH TOOLS:
THIS RESEARCH HAS BEEN PERFORMED THROUGH DIFFERENT METHODS
LIKE BOOK READING, ARTICLES, RESEARCH PAPER,COMMITTEE
REPORTS, RESEARCHER GOT ACCESS TO LEGAL MATERIAL THROUGH
MANUPATRA, SUPREME COURT CASES(SCC), ALL INDIA
REPORTERS(AIR) THROUGH COLLEGE LIBRARY. RESEARCHER USED
INTERNET FOR ACCESSING DIFFERENT WEBSITES. RESEARCH DATA HAS
MOSTLY BEEN DERIVED THROUGH SERACH ENGINE, LEGAL DATA BASE, E-
SOURCES. RESEARCHER USED REFERNCE SECTION AS WELL AS
COMPUTER SECTION OF THE LIBRARY OF DR. RAM MANOHAR LOHIYA
NATIONAL LAW UNIVERSITY. LUCKNOW FOR COMPLETING THE
PROJECT.

9. TENTATIVE CHAPTERISATION:
 CHAPTER 1. INTRODUCTION:
THIS CHAPTER DEALS BASICALLY WITH THE INTRODUCTION OF
EUTHANASIA EXPLAINING THE MEANING AND CONCEPT AND
EXPLANATION TO PROVIDE OVERALL PICTURE OF IT. IT ALSO
INCLUDES THE CLASSIFICATION OF EUTHANASIA AS WELL AS THE
HISTORICAL DEVELOPMENT OF THE CONCEPT OF EUTHANASIA.
 CHAPTER 2. EUTHANASIA AND ETHICS:
THIS CHAPTER DEALS WITH THE ETHICAL ASPECTS OF
EUTHANASIA. IT ANALYSES VARIOUS RELIGIOUS VIEWS ON

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EUTHANASIA WHICH ARE DIVERSE AND MODIFY ACCORDING TO

CHANGING AGE OF MANKIND.
 CHAPTER 3. LEGAL ASPECTS OF EUTHANASIA:
THE LAW ON EUTHANASIA HAVE ATTRACTED CONSIDERABLE
COMMENT IN BOTH PUBLIC AND PROFESSIONAL MEDIA. THEREFORE
THIS CHAPTER DEALS WITH THE JURISPRUDENTIAL ASPECTS OF
EUTHANASIA INCLUDING THE ISSUE OF LAW AND MORALITY AS
WELL AS THE GLOBAL SITUATION OF EUTHANASIA.
 CHAPTER 4. STATUS OF EUTHANASIA IN NDIA AND THE JUDICIAL
TREND:
THIS CHAPTER EXAMINES THE LEGAL STATUS OF EUTHANASIA IN
INDIA AND HOW IT GRADUALLY MAKES ITS PLACE IN THE
COUNTRY. IT DEALS WITH VARIOUS CASES THAT HAS SOUGHT FOR
EUTHNASIA AS WELL AS THE LANDMARK CASE OF ARUNA
SHANBAUG v. UNION OF INDIA, DECIDING THE LEGALIZATION OF
PASSIVE EUTHNASIA.
 CHAPTER 5. EUTHANASIA: INTERNATIONAL PERSPECTIVE:
IT FOCUSES ON THE LEGAL ISSUES RELATED TO EUTHANASIA IN
DIFFERENT PARTS OF THE WORLD, DEVELOMENT OF EUTHANASIA
IN USA, UK, NETHERLANDS, CANADA, AUSTRALIA IN DETAIL. IT
ALSO EXAMNES THE THE LEGISLATION LEGALISING EUTHANASIA
IN NETHERLANDS AND BELGIUM .
 CHAPTER 6. CONCLUSION AND SUGGESTIONS:
THIS CHAPTER DEALS WITH THE CONCLUSION OF ALL THE ISSUES
RAISED PROVIDING THE ANSWER TO THE QUESTION WHETHER
EUTHANASIA SHOULD BE LEGALISED OR NOT ? ALSO REALISING
THE EXTENT OF IT.
EUTHANASIA HAS BEEN A HOT TOPIC OF DEBATE FOR A WHILE
NOW. WHILE SOME BELIEVE IT IS ONLY HUMANE TO ENABLE A
HUMAN BEING TO END HIS SUFFERING BY MEANS OF ASSISTED

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SUICIDE, OTHERS BELIEVE THAT ALL PAIN AND SUFFERING

ENDURED BY HUMAN BEINGS IS GOD’S WILL, AND SHOULD BE
ACCEPTED AS IT HAS BEEN GIVEN BY GOD. IN THIS HEATED DEBATE
RELIGIOUS, POLITICAL, ETHICAL, LEGAL AND PERSONAL VIEWS
ARE ALSO INCLUDED. AMONG ALL THESE, THOSE WHO
DESPERATELY WANT TO END THEIR LIVES BECAUSE THEY SIMPLY
CANNOT GO ON IN ANY WAY ARE THE ONES WHO SUFFER.
EVERY INDIVIDUAL OR GROUP HAS A DIFFERENT VIEWPOINT
REGARDING EUTHANASIA. EUTHANASIA IS CONSIDERED A
PRACTICAL, EMOTIONAL, AND RELIGIOUS DEBATE. THERE IS
ALSO A DEEP AND BROAD HISTORY OF EUTHANASIA, WHICH
CANNOT BE IGNORED WHEN HAVING A DEBATE REGARDING THIS
SUBJECT. BASED ON THIS HISTORY, BELIEFS, AND VIEWPOINTS,
CERTAIN ARGUMENTS FOR AND AGAINST EUTHANASIA HAVE BEEN
PUT FORWARD CLAIMING THAT IF ONE HAS A RIGHT TO LIVE WITH
DIGNITY, ONE MUST HAVE A BIGGER RIGHT TO DIE WITH DIGNITY.

10. BIBLIOGRAPHY:

BOOKS
 M.P Jain, Constitution Of India.
 Byneil M. Gorsuch, The Future Of Assisted Suicide And Euthanasia.
 Lisa Yount, Right To Die And Euthanasia (Library In A Book).
 R.W.M.Dias, Jurisprudence, 5th Ed.

ARTICLES
 E.Giffond, ‘Active Euthnasiaand Art Of Dying’,40 Ucla Law Reeview 1993.
 Justice Kannan Krishnamoothy, ‘To Die With Dignity’, Practical Lawyer 10 April
2010.
 Angkina Saikia, "Euthanasia "Is It Right To Kill" Or "Right To

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Die", Cri Lj 2010

 Shreyans Kasliwal, ‘Should Euthanasia Be Legalised In India?’,Pl Webjour 16,
Practical Lawyer 2003.
 Toh Puay San, Decriminalising Physician-Assisted Suicide In Singapore, 22 Saclj
379 Singapre Academy Of Law Journal, 2010.
 B.B.Pande, Right To Life Or Death?: For Bharat Both Cannnot Be Right, 4 Scc J-
19 Supreme Court Cases 1994
 Marya Mannes, "Euthanasia V. Right To Life, "Baylor Law
Review", 1995.

REPORT
 196th Report of Law Commission of India, (2010) 17th Ed
 241ST REPORT OF LAW COMMISSION,(2012)

CASES
 Naresh Marotrao Sakhre v Uoi 1995 Cri.L.J. 96(Bom.).
 M.S. Dubal vs. State Of Maharashtra 1987cri.L.J. 743(Bom.).
 P.Rathinam Case Air 1994 Sc 1844.
 Gian Kaur v. State Of Punjab Air 1996 Sc 946.
 Aruna Ramachandra Shanbaug v Union Of India Air 2011 Sc 1290
 Chenna Jagadeeshwar v. State Of A.P. Crlj 549 Air 1988
 Common Cause v. Uion Of India, (2014) 5 Scc338: (2014) 2 Scc(Cri)557
 Carter v.Canada (Attorney General), 2015 Scc 5: [2015] 1 S.C.R 331

WEBSITES
 https://www.academia.edu/9294501/Euthanasia_-_A_jurisprudential_analysis
 http://lawcommissionofindia.nic.in/reports/report241.pdf
 http://lex-warrier.in/2015/09/right-to-die-an-addendum-to-right-to-life-euthanasia/
 http://www.legalservicesindia.com/article/article/euthanasia-in-india-787-1.html
 http://www.ebc-india.com/lawyer/articles/592.htm

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 http://www.bbc.co.uk/ethics/euthanasia/
 http://www.thehindu.com/opinion/editorial/editorial-on-govts-willingness-to-
make-law-on-euthanasia/article8179920.ece
 www.lexisnexis.com
 www.manupatra.com
 www.euthanasia.com
 www.allindiareporter.in/articles
 www.lawcommissionofindia.nic.in
 www.ncrb.gov.inwww.isap.info
 www.patientsrightscouncil.org
 www.telegraph.co.uk
 www.isap.info
 www.lifesitenews.com

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