Q.6: Right to Die under the Provisions of IPC

 Q.6: Right to Die under the Provisions of IPC

Introduction: The concept of "Right to Die" in India has been a topic of legal and ethical debate for many years. The Indian Penal Code (IPC) addresses aspects of the right to die under the provisions related to "suicide," "assisted suicide," and "euthanasia." This discussion evaluates the legal position on the right to die and the evolving judicial interpretations.

1. Right to Die under the IPC:

  • Section 309 of IPC - Attempt to Suicide: Section 309 of the IPC criminalizes an attempt to commit suicide. It provides that any person who attempts suicide shall be punished with imprisonment of either description for a term which may extend to one year, or with a fine, or with both.

    Section 309 IPC reads:
    "Whoever attempts to commit suicide and does any act towards the commission of such offense, shall be punished with imprisonment of either description for a term which may extend to one year, or with fine, or with both."

    This provision has been heavily criticized for penalizing an individual in distress, and the Supreme Court has recognized the need to revisit this law in light of a person’s right to live with dignity.

2. Euthanasia and Assisted Suicide: While suicide is considered a criminal offense under the IPC, euthanasia (mercy killing) and assisted suicide are more nuanced issues, and the law has evolved on this front:

  • Active Euthanasia (causing death by a direct act, e.g., administering lethal injections) remains illegal in India.

  • Passive Euthanasia (withdrawing life support or allowing death to occur naturally) has been recognized under certain conditions in landmark Supreme Court judgments.

3. Supreme Court Judgment – Aruna Shanbaug Case (2011): The case of Aruna Shanbaug v. Union of India (2011) was pivotal in recognizing the limited scope of euthanasia under Indian law. The Supreme Court permitted passive euthanasia under certain circumstances. In the case of patients in a vegetative state, the Court allowed the withdrawal of life support if it was proven that there was no chance of recovery, and the patient was in an irreversible coma.

4. Constitutional Perspective: The right to life under Article 21 of the Constitution of India includes the right to live with dignity, which has been interpreted to also imply the right to die with dignity. However, this right does not extend to the right to commit suicide.

In Gyan Kaur v. State of Punjab (1996), the Supreme Court upheld the constitutional validity of Section 309 IPC, asserting that the right to life does not include the right to die. However, in later judgments, especially in the Common Cause Case (2018), the Supreme Court distinguished between passive euthanasia and active euthanasia, allowing for the right to die with dignity in specific, severe cases of terminal illness.

5. Legal Status of Assisted Suicide: Currently, assisted suicide remains illegal in India. However, the matter has been referred to the Law Commission of India for further scrutiny, as the debate on the right to die with dignity continues to grow.

6. Key Legal Principles:

  • Right to Die with Dignity: The Indian judiciary has increasingly recognized that the right to life under Article 21 includes the right to live with dignity, which could extend to the right to choose a dignified death.
  • Consent: In cases like euthanasia, consent from the individual (or family) is a critical factor in the decision-making process. The person must be in an irreversible state of coma, or terminally ill, with no chance of recovery.

Conclusion: While the IPC criminalizes suicide and attempted suicide under Section 309, the evolving judicial interpretation of the right to die in India focuses on ensuring the dignity of individuals, particularly in the context of passive euthanasia. The Supreme Court has taken progressive steps to safeguard the right to die with dignity in certain circumstances, though active euthanasia and assisted suicide remain illegal.

Comments

Post a Comment

Popular posts from this blog

Historical Background of Cyber Law in India

Historical Background of Cyber Law in India The evolution of cyber law in India can be traced through various legislative efforts, judicial decisions, and technological advancements: 1. Early Internet Era (1990s): With the advent of the internet in India in the mid-1990s, there was a need to regulate the digital space. The initial legal framework was inadequate to address cyber crimes and electronic commerce.  The Indian Penal Code (IPC), 1860, and other traditional laws were found insufficient to deal with cyber offenses. 2.The Information Technology Act, 2000:  To address these challenges, the Government of India enacted the Information Technology (IT) Act in 2000. This was India's first law specifically designed to handle issues related to the internet and cyber activities.  The IT Act aimed to provide legal recognition to electronic transactions, facilitate e-commerce, and combat cyber crimes.  Influenced by the United Nations Model Law on Electronic Commerce (19...
Read more

Leader of the Opposition in Lok Sabha : Role & Responsibilities

Image
The Leader of the Opposition in India holds a significant position in the parliamentary framework. This role is vital for the proper functioning of a healthy democracy, providing necessary checks and balances to the ruling government. Below is an in-depth analysis of the role, responsibilities, and significance of the Leader of the Opposition in India. Introduction: The Leader of the Opposition (LoP) is a crucial figure in the Indian political landscape, recognized officially in both the Lok Sabha (House of the People) and the Rajya Sabha (Council of States). This position ensures that the voice of the opposition is heard and that there is accountability in the governance process. Eligibility and Appointment: Eligibility: The LoP is usually the leader of the largest party in the opposition that has at least 10% of the total seats in the Lok Sabha, as per the Mavalankar rule . However, this criterion is not a constitutional mandate but a convention followed for recognition and privile...
Read more

What is Cyber Jurisprudence? How Cyber Jurisprudence evolve ?

Introduction: Cyber jurisprudence, also known as cyber law or internet law, refers to the body of law that governs activities related to the internet and cyberspace. It encompasses a wide range of legal issues including intellectual property, data protection, privacy, cybercrime, and electronic commerce. The evolution of cyber jurisprudence reflects the rapid development of technology and the increasing significance of the internet in daily life. Evolution of Cyber Jurisprudence: 1. Early Days of the Internet:  The initial stage of the internet in the 1960s and 1970s was primarily limited to academic and military use. Legal issues were minimal as the internet was not widely accessible to the public.  The development of ARPANET and subsequent networks laid the groundwork for modern internet infrastructure. 2. Emergence of Commercial Internet: The 1990s saw the commercialization of the internet, leading to a surge in users and online activities. Early legal issues focused on dom...
Read more

Explain Digital signature? What are legal requirements for validity of digital signature?

Image
Digital Signature A digital signature is an electronic form of a signature that is used to authenticate the identity of the sender and ensure that the content of the message or document has not been altered in transit. It provides the same legal standing as a handwritten signature in the context of digital documents. Digital signatures rely on public key infrastructure (PKI) to ensure the security and authenticity of the document or message. How Digital Signatures Work? 1. Generation of Digital Signature: A digital signature is created using a signer’s private key, which is securely stored and only accessible to the signer. The digital signature is a unique code generated by running the content of the document through a hashing algorithm , creating a hash value (a fixed-size string of characters). This hash value is then encrypted using the signer’s private key, creating the digital signature. 2. Verification of Digital Signature:  The recipient of the signed document uses the sign...
Read more

Rectification of Mistake under Taxation UNIT II

  Rectification of Mistake in Taxation Introduction: Rectification of mistakes in taxation is a legal mechanism provided to taxpayers to correct errors made while filing tax returns or found during the assessment process by tax authorities. These errors can include misreporting of income, incorrect deductions, computational errors, or omissions. Proper rectification ensures compliance, prevents penalties, and maintains the credibility of taxpayers. Types of Mistakes in Taxation Clerical Errors: Mistakes in arithmetic calculations, typing errors, or omission of data. Misreporting of Income: Reporting incorrect income figures or excluding specific income sources. Incorrect Deductions: Claiming deductions not eligible or forgetting to claim valid deductions. Errors in Tax Computation: Miscalculations in tax liability, exemptions, or interest components. Mistakes by Tax Authorities: Errors in assessment orders, such as misinterpretation of submitted data. Legal Provisions for Rect...
Read more