Introduction

No Longer simply the Greek term for good, easy of happy death, [1] euthanasia is now well known as
synonymous with mercy killing. Euthanasia or mercy killing or Physician Assisted Suicide (PAS) is the
bringing about of the gentle death of a patient in the case of a painful, chronic and incurable disease. In time
past there was no need for legislation in the area of euthanasia. If a person got sick, one of two things
happened; he either got well, or he died. Today, the medical advances of the last few decades have given the
medical profession a two-edged sword; the extension of human life by artificial means and the painlessly
termination of life by drugs. [2]
This article will define and employ the concept of euthanasia. The object is to explore the interaction and the
law. Therefore, euthanasia will be discussed against the background of murder, suicide, constitutional law,
standing and judicial decisions. It is necessary to consider how euthanasia is treated by the law today in the
view of recent judgement passed by the Supreme Court of India, as well as exploring possible legalization
through the existing framework of legal history.
An effort has been made to confine discussion to purely legal issue. It must be noted, however, that the
literature of euthanasia is composed predominantly of articles concerning relevant religious and moral
considerations. It is, therefore, inevitable that some of these non-legal considerations would be discussed.
Accordingly, this article does not deal with involuntary euthanasia, rendered over the objection or without the
express consent of the patient.

Euthanasia: Definition And Types

Generally, the word euthanasia is defined as the act or practice of painlessly putting to death or withdrawing
treatment from a person suffering an incurable disease. [3] From the definition, one can say that euthanasia is
an unethical act as much as it is a great sin for those who strongly believe in God. Euthanasia is intentionally
killing another person to relieve his or her suffering. [4] It is not the withdrawal or withholding of treatment
that results in death, or necessary pain and symptom-relief treatment that might shorten life, if that is the only
effective treatment. [5]
A discussion on euthanasia is long overdue. A serious debate is necessary on the issue of euthanasia.
Euthanasia is one of the most perplexing issues which the courts and legislatures all over the world are facing
today. [6] The topic has religious and moral overtones. Human life is inviolable. Life is a gift from God and no
one, not even the individual himself has right to take it. But if the life of a person becomes painful, fruitless
and full of sufferings, should the person get rid of their life? A solution for such a problem is not just legalizing
the mercy killing. It is not desirable or workable as each case has to be judged individually.
There are two types of euthanasia: passive euthanasia and active euthanasia. Active euthanasia is defined as
taking an immediate action such as using lethal injection to painlessly put a terminally-ill patient to death.
Passive euthanasia is withdrawing treatment while the life of the patient is still dependent on it and when it is
believed that treatment is more burdensome than beneficial. Passive euthanasia allows the patient to die
naturally and is often considered more acceptable. [7]

Legal Aspects Of Euthanasia

To legalize euthanasia would fundamentally change the way we understand ourselves, human life and its
meaning. We create our values and find meaning in life by buying into a "shared story" - a societal-cultural
paradigm. Humans have always focused that story on the two great events of every person's life, birth and
death. In a secular society - even more than in a religious one - that story must encompass and protect the
"human spirit."
After a very recent Supreme Court of India decision in Aruna case [8] , India now joins a handful of nations,
including Belgium [9] , Luxembourg [10] , the Netherlands [11] and Switzerland [12] , and the U.S. states of
Oregon and Washington [13] in allowing some form of euthanasia. India has no law on the issue, making the
guidelines legally binding. As outlined, Passive euthanasia is allowed in exceptional cases after a review by
medical experts and ap