Juurisprudential Analysis: A Purirpretical Analysis On Euthanasia
3113 Words13 Pages
ABSTRACT:
The report consists of a jurisprudential analysis on the topic “Euthanasia: It’s legal and moral perspectives.” It delves into the complicated topic of Euthanasia and its debate in India. Euthanasia as a form of taking away of one’s life is legalized in many countries and accepted by many societies. The report talks about the concept of Euthanasia, it’s origin and it’s forms. The jurisprudential analysis has been prepared on the landmark case of ”Aruna Shahbaug vs. Union of India and others.” The report follows the IRAC method of analysis. A two-fold analysis of the issue has been followed, one being “Legal” and the other being “Moral”. The legal issue focuses existent laws in India applicable…show more content… Union of India and others”. The case is considered to be a landmark in the controversial issue of Euthanasia and has set precedence for many other cases involving similar issues and facts. The judgment of Justice Markandey Katju and Justice Gyan Sudha Mishra in the case legalized passive euthanasia and permitted its practice in the country. The facts of the case are as follows:
On November 27, 1973 Aruna Shanbaug, nurse at KEM Hospital was sexually assaulted by ward boy Sohanlal Bhartha Walmiki. He used a dog chain to throttle Aruna and rape her. When he is unable to do so he sodomises her and attempts to rob her gold earings. The dog leash used to strangle her cuts off blood & oxygen supply to her brain. Next morning she she was found in the basement of the hospital lying in a pool of blood.
As a result of the gruesome attack, Aruna now lies in a vegetative state for over 37 years. She is incapable of talking, moving or communicating with others. She is unable to of take care of herself and is fed by others. In 2009, author Pinki Virani moved the Supreme Court and filed a writ petition under Article 21, seeking Aruna's force-feeding to be…show more content… Under this the issues in the shall be broadly classified into two aspects. These would be the Legal Aspect and the Moral Aspect. The Moral aspect would focus on the legal issues and analyze the case with respect to the existing laws and provisions. While, the Moral Aspect would talk about the moral issue in the case and talk about its morality and ethical standing.
The classification of issues is as followed:
LEGAL ISSUES:
1. Whether Right to Life and Personal Liberty under Article 21 include the Right to Die?
2. Whether under Article 305 and 306 of the Indian Penal Code, assisted euthanasia constitutes abetmetnt to suicide?
MORAL ISSUE:
1. Whether the practice of Euthanasia is moral and whether it violates or hurts religious sentiments?
RULES:
Rules under the Legal