Right to Death – Part 10


A nine-judge bench of the Supreme Court on August 24, 2017 has ruled that Indians enjoy a fundamental right to privacy that it is under Article 21 of the Indian Constitution. In its 547 page judgment that declares privacy to be a fundamental right, the Supreme Court has overruled verdicts given in the MP Sharma Case in 1961, both of which said that the right to privacy is not protected under the Indian Constitution.

Privacy is a constitutionally protected right which emerges primarily from the guarantee of life and personal liberty in Article 21 of the Constitution. Elements of privacy also arise in varying contexts from the other facets of freedom and dignity recognized and guaranteed by the fundamental rights in Part III.

Like other rights which form part of the fundamental freedoms protected by Part III, including the right to life and personal liberty under Article 21, privacy is not an absolute right. A law which encroaches upon privacy will have to withstand the touchstone of permissible restrictions on fundamental rights. In the context of Article 21 an invasion of privacy must be justified on the basis of a law which stipulates a procedure which is fair, just and reasonable. The Law must also be valid with reference to the encroachment on life and personal liberty under Article 21.

Right To DieRight to die is a basic natural right of the human beings. It is a fundamental right guaranteed under Part-III (Article 21) of the Indian Constitution. Article 21 of the Indian Constitution states that – ‘no person shall be deprived of his life or personal liberty except according to the procedure established by law’. The phrase which has been used here can be termed as negative here, but it has conferred an obligation on the state to ensure good quality of life and a dignified life to the people which are the positive aspect of the article. The foreigners are also as much entitled to the right as the citizens

Death can be defined as the termination of life. When an individual decides that his/her life has become worthless, all the negative mindset starts surrounding his/her life and when he/she starts thinking that there is no ray of hope left in his/her life and decides to end the life, then that incident can be termed as death. There are basically two categorization of death i.e. (a) natural (b) unnatural. It can be caused by the action as well as the inaction of a person. When an extinction of the life is caused unnaturally by the action of an individual over his own self or over someone is morally wrong as well as legally punishable under the law. But as it is said, exceptions are always there. In certain conditions, death is legal and allowed in the society when there is consent by an individual himself/ herself or there is real consent by an individual himself who is going to die. It is a very true fact that we have the fear of death; at least a premature death gives us a real scare or fear. Even recent advancements in medical technology can help prolong death which is done by providing artificial respiration and nutrition to the patient who is terminally ill or in a vegetative state for years together.

At certain points in the life of an individual, when the life becomes really hectic and it becomes unbearable to handle than, than under such conditions, the individual starts thinking that death is the only option left to him which is quite normal to think under such conditions. This voluntary embracing of death is known as euthanasia or mercy killing. Euthanasia is also known as ‘dayamaran’. Some people as the great saints or heroic persons embrace ‘echamaran’ or willful death, when they feel that they have achieved the purpose of their lives. There are different types of voluntary deaths in our country like the ‘sati’, ‘johars’, ‘samadhi’ , ‘prayopaveshan’ (starving to death) etc.  

Aishwarya Says:

I have always been against Glorifying Over Work and therefore, in the year 2021, I have decided to launch this campaign “Balancing Life”and talk about this wrong practice, that we have been following since last few years. I will be talking to and interviewing around 1 lakh people in the coming 2021 and publish their interview regarding their opinion on glamourising Over Work.

If you are interested in participating in the same, do let me know.

Do follow me on FacebookTwitter  Youtube and Instagram.

The copyright of this Article belongs exclusively to Ms. Aishwarya Sandeep. Reproduction of the same, without permission will amount to Copyright Infringement. Appropriate Legal Action under the Indian Laws will be taken.

If you would also like to contribute to my website, then do share your articles or poems at adv.aishwaryasandeep@gmail.com

We also have a Facebook Group Restarter Moms for Mothers or Women who would like to rejoin their careers post a career break or women who are enterpreneurs.

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Solution to the Israel and Palestine Conflict – 8 – Aishwarya Sandeep

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