The article chosen is A Law Without Parliament, written by D N
Goburdhun, published in the opinion columns of The Indian Express dated 29th march 2018. In this article, writer brings the attention on the recent landmark judgement by Supreme Court of India over Euthanasia delivered by a five-judge bench headed over by CJI Deepak Misra which ruled that euthanasia and advance living will be "permissible" from now on. The article begins by citing examples of the countries like the USA, France and England where Euthanasia is prohibited. It also gives instances where attempts were made to legalise mercy death like 1972 bill to delete section 309(attempt to suicide) and the verdict in the Gian Kaur case (1996) which held that the right to life did not include the right to die. The recent judgement by the five-judge bench was based on the fact that the suffering of any terminally ill person should not be carried forward when there is no cure available. This judgement also permits the individual to make a testamentary declaration, which is to be endorsed by a judicial magistrate wherein the person will unambiguously state that in case she/he becomes incurably ill, and does not want to live further, should be allowed to die with dignity. The article gives reference of the judgement in the Aruna Shanbaug case, delivered by Justice Markandey Katju, which promoted the concept of euthanasia by carving out a novel path for medically- aided killing and also mentions how it received opposition from the Attorney General. Writer also gives the opinion of the smaller bench in the Shanbaug case that The SC judges have expressed, many times, that they are not experts in various fields, including medicine and healthcare. The guidelines in the current verdict pertain to how doctors will be assessed which is a big loophole in the current verdict. But, the interesting question raised by this article is that in this case, The Supreme Court took over the functions of Parliament and has made this a judicial legislation, which will prevail till Parliament legislates. Laws have to be made by Parliament and the courts strictly have to interpret the law, and not legislate. Should the apex court have sailed into uncharted waters and ruled where there is no Parliament-made legislation? Should courts just try to focus on the maintenance of the law or should interfere in creating them as well? The article does a wonderful job by bringing this issue as though the decision may be supported by some and opposed by some, but the way the court brought this decision by creating a new law is also a big matter of concern. The language used by the writer in the article is quite respectable, unbiased, more fact-based than theoretical despite being satirical at some times.