CiteTEXT
...urged that “right to die” being included in Article 21 of the Constitution as held in P. Rathinam (1994) 3 SCC 394 declaring Section 309 IPC to be unconstitutional, any person abetting the commission...points directly raised is the inclusion of the “right to die” within the ambit of Article 21 of the Constitution, to contend that any person assisting the enforcement of the “right to die” is mere...and 21. He strongly relied on the ground based on Article 21 in P. Rathinam (1994) 3 SCC 394 for holding Section 309 to be invalid. He urged that “right to die” being included within the ambit of...
...Act, 1860, engaged in taking up various common problems of the people for securing redressal, praying for declaring “right to die with dignity” as a fundamental right within the fold of “right to live...a life-support treatment against his/her express desire and keeping him under tremendous pain is in violation of his right to die with dignity. Besides, the petitioner Society also highlighted that...to die”. While affirming the above view, the Constitution Bench also observed that “right to live with dignity” includes “right to die with dignity”. It is on the basis of this observation, the...
...passive euthanasia is recognised in law regard being had to the right to die with dignity when life is ebbing out and when the prolongation is done sans purpose, neither the social morality nor the doctors...euthanasia: Why Now?”, The Australian Quarterly (Spring 1996), Vol. 68, No. 3, at p. 1; Christopher N. Manning: “Live and Let Die: Physician-Assisted Suicide and the Right to Die”, Harvard Journal of Law...University Press, 2011), at p. 134; Elizabeth Wicks: The Right to Life and Conflicting Interests (Oxford University Press, 2010), at p. 199; Elizabeth M. Andal Sorrentino: “The Right to Die?”, Journal of...
...could never include the right not to live.
"The 'right to die', if any, is inherently inconsistent with the 'right to life' as is 'death with life...
...construe Article 21 to include within it the right to die’ as a part of the fundamental right guaranteed therein. ‘Right to life’ is a natural right embodied in Article 21 but suicide is an unnatural..., such as the right to freedom of speech’ etc. to provide a comparable basis to hold that the ‘right to life’ also includes the ‘right to die’. With respect, the comparison is inapposite, for the reason...
...whether a person residing in India has a right to die. Section 309 being a part of our enacted law, we would desire to know what object a law seeks to achieve. This section having made attempt to...?(2) Has a person residing in India a right to die?(3) Why is a law enacted? What object(s) it seeks to achieve?(4) Why is a...right to life, because without good health the civil and political rights assured by our Constitution cannot be enjoyed.(2) Has a person residing in India right to die?...
...be deemed to have become the owners of the land since they had acquired a vested right to die grant of relief on the day they made the applications under Section 18(1). At the conclusion of the hearing...
...life” therein includes the “right to die”. The “right to life” including the right to live with human dignity would mean the existence of such a right up to the end of natural life. This also includes...ebbing out. But the “right to die” with dignity at the end of life is not to be confused or equated with the “right to die” an unnatural death curtailing the natural span of life...
...public of India should be given the right to die. 2. Please inform what is the consensus of the Honorable Supreme Court and the Government of India on this subject...
...right to life does not include the right to die in the context of suicide may require to be revisited in future in view of domestic and international developments ““Humanization and Decriminalization...that right to life includes right to die also. Relevant para of the judgment is reproduced hereinbelow:—“109. On the basis of what has been held and noted above, we.... State Of Punjab ., (1996) 2 SCC 648, over ruled its earlier judgment rendered in P. Rathinam's case supra and held that right to life does not include right to die. The relevant paras No. 18 to 23...
...to live but he has no right to die. To the best of the knowledge no voluntary death clinic exists any where in the world.2. Euthanasia is not provided under the existing law...view that S. 309 of the IPC was unconstitutional, since it was violative of the provisions of Art. 21 of the Constitution. It was held that the right to die was part of the right to life under Art. 21...as to whether the right to die, assuming that such a right existed, was included within the ambit of Art. 21 of the Constitution. Since a two Judge Bench of the Apex Court had decided the question of...
...the stage for acknowledgment of the constitutional right to die with dignity. It was observed that the right to die with dignity is an inseparable and inextricable facet of the right to life with...imminent and certain, he has the right to die with dignity. The Court held that right to die with dignity is a Fundamental Right and thus an integral part of Article 21 of the Constitution...
....’48. There is right to live with dignity and also right to die with dignity. For violation of human rights under Article 21 grant of compensation is one of the concomitants...
...., 1996 (2) SCC 648 (vide paragraphs 22 and 23) that the right to life guaranteed by Article 21 of the Constitution does not include the right to die. Hence the petitioner has not shown violation of any...to life’ therein includes the right to die’. The right to life’ including the right to live with human dignity would mean the existence of such a right upto the end of natural life. This also includes...ebbing out. But the ‘right to die’ with dignity at the end of life is not to be confused or equated with the right to die’ an unnatural death curtailing the natural span of life...
...modified judgment dated 24.01.2023 in Miscellaneous Application No.1699 of 2019 in the main writ petition.
3. It was contended that right to die with dignity was integral...
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366. This Court's holding in Gian Kaur that the right to life does not include the right to die in the context of suicide may require to be revisited in future in...
...general public of India should be given the right to die.
2. Please inform what is the consensus of the Honorable Supreme Court and the...
...he may be permitted to terminate it by a premature extinction of his life in those circumstances. This category of cases may fall within the ambit of the ‘right to die’ with dignity as a part of right...fall within the group of right to die with dignity as a part of life with dignity when death is certain and imminent and the process of natural death has commenced. There is long tradition of Santhara...right to die.9. That the contents of para (9) of the writ petition are misplaced. No analogy can be demonstrated between Santhara and offence under Sati Prevention Laws. In Sati...
...Gian Kaur (Smt) v. State Of Punjab . [(1996) 2 SCC 648] overruled the decision in Rathinam holding that the right to life does not include right to die and uphe...right to die in the context of suicide may require to be revisited in future in view of domestic and international developments pointing towards decriminalisation of suicide. In India, the Mental...
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overruled the decision in Rathinam holding that the right to life does not include right to die and upheld the validity of Section 309. It is to be mentioned that in 2008 the Law Commis...following paragraph in Common Cause, quoted supra, which reads thus:
"366. This Court's holding in Gian Kaur that the right to life does not include the right to die in...