Legalizing Euthanasia: A Pedagogue`s Perspective

ISBN Number : 978-93-5202-016-4

Student Price : Rs.420

Student Dollar Price : 17$

Library Price : Rs.1250

Library Dollar Price : 50$

Book Edition : First

Year of Publication : 2015

No. Of Pages : 328

Book Weight :536

About The Book

The most significant manner to understand the eminence of dignity and individual's rights is to study about the terminally ill patient's last phase of life and the legal scenario surrounding the highly debated issue − Euthanasia. As euthanasia is a form of extinguishing life, it is of immense importance to examine each cognate of life for the purpose of understanding the pros and cons of euthanasia. This book on legalizing euthanasia in India is an effort undertaken in the light of an extensive debate which is advancing at an accelerating stride and becoming increasingly prominent to provide death with dignity to terminally ill patients who lack representation in the society.

The moral and ethical connotation of euthanasia is preordained to the fact that life has intrinsic value. The issue of euthanasia is based on life, which includes its various cognates, such as, origin of life, meaning of life, value of life, quality of life, protection of life, sanctity of life and evaluative status of life. Value of life is concretely intertwined with the right to die or euthanasia debate. The difference of opinion about how to value life according to the changing state of human life adds to the euthanasia controversy.

Moreover, the debate of euthanasia, inter alia, is based on human dignity; it accentuates the pertinence of right to die a dignified death on par with the right to dignified life. Article 21 of the Indian Constitution upholds right to human dignity but denies right to a dignified death.

Euthanasia or right to die should not be for eternity considered to be intrinsically wrong, as required augmentation in legal arena shall not pose an insurmountable impediment to legalize euthanasia. Parliament and the judiciary, both have the power and the duty to address these issues carefully and acknowledge the inevitable uncertainty and complexity of decisions about life and death. In order to avoid illegal acts of euthanasia, there is a need to have a fresh look at the legal provisions for terminally ill patients. Though the State is duty bound to protect and preserve life of individuals in the society, there can be exceptions to the law on reasonable grounds. Especially, as the 20th century has experienced tremendous development in the medical technology, the doctor’s role of curing diseases and relieving pain has now changed into prolonging life via medications, transfusions, respirators, dialysis machines, artificial feeding, etc.

A sincere attempt is made in this book to highlight the predicaments faced by the terminally ill patients and hence the need to have an appropriate legislation for terminally ill patients in India is emphasized. The change in concept of death, the artificial life support techniques, various diseases leading to terminal illness, the agony faced by the patients and emergence of advance directives are some important areas of concern which compel to have euthanasia legalized in any acceptable form adaptable in the society.

 

Contents :

Introduction
1. Euthanasia, Life and Its Constitutional Parameters
2. Concept of Euthanasia and Its Various Forms vis-a-vis State`s Duty to Protect Life: An Analysis
3. Medico-legal Aspects of Euthanasia
4. Laws Governing Euthanasia in Some Selected Countries World Over and the Judicial Response: A Comparative Analysis
5. Legalizing Euthanasia in India: A Need for Constitutional Correction and Legislative Response
Conclusions and Suggestions
Appendices
Bibliography
Webliography

About The Author

Dr. Sharmila Ghuge born on 15th May, 1972 has spent her childhood in United Kingdom. She has done her schooling partly in India and UK. Completed her Bachelor’s degree in English Literature and then persuaded her Bachelor’s Degree in Law. She completed her Master`s degree in Law with specialization in Constitutional Law, securing a merit rank at Dr. Babasaheb Ambedkar Marathwada University, Aurangabad, M.S., India. She was awarded the Degree of Doctor of Philosophy in Law at the hands of His Excellency, Dr. A.P.J. Abdul Kalam on 10th March, 2012 by Dr. Babasaheb Ambedkar Marathwada University, Aurangabad, for her thesis on "Article 21 of the Indian Constitution vis-a-vis Right to Die with Dignity in Rarest of the Rare Cases - A Critical Study". She successfully completed her research under the able guidance of Dr. Sadhana Pande, Head of Law Dept., Dr. Babasaheb Ambedkar Marathwada University, Aurangabad. Dr. Sharmila has extensively travelled and participated and presented research papers at various International and National conference and seminars. She has a list of publications to her credit on several socio-legal issues. Presently working at Mumbai, Dr. Sharmila has ardent concern for the vulnerable and underprivileged individuals and hence contributes her services as and when required for social cause. She has volunteered her services for the tribal people in rural areas of Maharashtra State on many occasions. Being a public spirited person, Dr. Sharmila has also filed various Public Interest Litigations in the Supreme Court of India and Bombay High Court for the benefit of public at large.

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