(1st presentation)RESEARCH PROPOSAL SUBMITTED BY : -

NAME –MANISH KUMAR

ROLL NO. – 1341

COURSE - B.A LL.B

SEMESTER – 10th

TOPIC:- LAW REATING TO EUTHANASIA IN INDIA : A COMPARATIVE STUDY

INTRODUCTION:-

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. The death of a terminally ill
patient is accelerated through active or passive means in order to relieve such patient of pain or
suffering. It appears that the word was used in the 17th Century by Francis Bacon to refer to an
easy, painless and happy death for which it was the physician’s duty and responsibility
to alleviate the physical suffering of the body of the patient. The House of Lords Select
Committee on ‘Medical Ethics’ in England defined Euthanasia as “a deliberate intervention
undertaken with the express intention of ending a life to relieve intractable suffering”. The
European Association of Palliative Care (EPAC) Ethics Task Force, in a discussion on
Euthanasia in 2003, clarified that “medicalized killing of a person without the person’s consent,
whether non-voluntary (where the person in unable to consent) or involuntary (against the
person’s will) is not euthanasia: it is a murder. Hence, euthanasia can be voluntary only”.
Supreme Court recently has issued a landmark ruling allowing "passive euthanasia", declaring
that individuals have the right to die with dignity under strict guidelines. In its decision the
country's highest court permitted its citizens to draft a "living will" that specifies that life support
not be given in the case of coma. Passive euthanasia allows the withdrawal of medical treatment
with the intention to hasten the death of a terminally-ill patient.

Justice Chandrachud held: “Life and death are inseparable. Every moment our bodies undergo
change… life is not disconnected from death. Dying is a part of the process of living.”

\The decision was in response to a petition by a non-government organization, which argued that
a person with terminal illness should be given the right to refuse being placed on life support.
TENTATIVE CHAPTERIZATION:-

1. INTRODUCTION

2. POSITION IN OTHER JURISDICTIONS

3. LEFAL ASPECT OF EUTHANASIA IN INDIA.

4. JUDICIAL REPONSE IN INDIA: A HISTORICAL PERSPECTIVE

5. ARUNA SHANBAUG JUDGEENT : A REVIEW

6. MEDICAL ETHICS

7. OPPONENETS VS. PROPONENTS

8. LAW COMMISSION OF INDIA RECOMMENDATIONS

9. PASSIVE EUTHANASIA: ISSUE AND CHAALENGES

10. CONCLUSION

BIBLIOGRAPHY

REFERENCES

BOOKS:-

Brown JH, Henteleff P, Barakat S. Is it normal for terminally ill patients to desire death?
Am J Psychiatry. 1986;143:208–11.
Chochinov HM, Wilson KG, Enns M. Prevalence of depression in the terminally
ill: Effects of diagnostic criteria and symptom threshold judgments. Am J
Psychiatry.
1994;151:537–40.
Nadeau R. Gentles, Euthanasia and Assisted Suicide: The Current Debate. Toronto:
Stoddart Publishing Co. Limited; 1995. Charting the Legal Trends; p. 727.
Decisions near the end of life. Council on Ethical and Judicial Affairs: American Medical
Association. JAMA. 1992;267:2229–33.
Yount L. Physician-assisted suicide and euthanasia. New York: Facts On File, Inc; 2000.
Emanuel EJ. Ethics of treatment: Palliative and terminal care. In: Holland J, editor.
 Psycho-oncology. New York: Oxford University Press; 1988. pp. 1096–111.
When Death Is Sought: Assisted Suicide and Euthanasia in the Medical Context.
New

JOURNALS:-

 ‘A socio legal impact of Euthanasia in India suggested reform’ Dr. Sonali Abhang
 ‘Concept of Euthanasia in India : A socio legal Analysis’ Friedrich Nitezshe

WEBSITES:-

 https://www.researchgate.net/publication/327011650_The_Current_Status_of_Euthanasia_in_I
ndia

 http://medind.nic.in/jbc/t14/i1/jbct14i1p59.pdf

 https://www.aljazeera.com/news/2018/03/india-supreme-court-passive-euthanasia-
180309064508560.html