Right to Die with Dignity Legal Study with Special Focus on merging Concept of Advanced Medical Directives and its Implication in India

Abstract

Why should I fear death? If I am, then death is not. If death is, then I am not. Why should I fear that which can only exist when I do not? newline - Epicurus newlineWhat is life? What is the value of life? Whose life truly matters? How do you save lives? - These have been everyday questions for the last year during the pandemic. As families fall apart with their loved ones giving away to lack of medical facilities, we are forced to question,where we are as a system and the society. In a time when everyone is focused on saving lives , talking about taking lives seems too appalling to ask. Nevertheless, the question deserves examination for jurisprudential and philosophical reasons. newlineThe focus of the study is to revisit the foundation established by judiciary so as to reconcile the ideals of constitutionalism in the light of judicial dictum. Expanding horizon of right to life will be analysed with special reference to euthanasia and advanced medical directives, and how with the advancement of developing medical technology, aspiration of life has increased, and in some cases it is going against dignified existence. Further impact of criminal law concepts on euthanasia will be examined, apart from that, global position relating to euthanasia in selected jurisdiction will be analysed. In conclusion, along with suggestion a model law on advanced medical directives is proposed. newline