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Role Of Consent In Euthanasia In India: Legal And Ethical Perspectives


Diya Mohan, Christ (Deemed To Be) University


ABSTRACT


Euthanasia is the act of deliberately ending a life to end suffering. That is a very controversial issue everywhere and does not leave behind any nation, including India. To date, various rules and guidelines have extensively been set for euthanasia in India. Indeed, critical concepts that have been placed at the heart of this debate include that of consent-a distinction between voluntary and involuntary euthanasia. This paper takes on an exploration role regarding the role of consent within the Indian legal framework on euthanasia concerning its ethical and legal implications. This paper develops in detail the landmark cases, thus giving an exact picture of the law's recognition of passive euthanasia and the introduction of living wills and advance directives permitting individuals to make end-of-life decisions. The paper addresses the issues in obtaining valid consent, such as mental incompetence, coercion, and family influence, and how Indian courts have approached these issues. Relating the previous facts brings to discussion the role of medical boards in ensuring that consent is informed and not subjected to the pressures of others. In this regard, the paper interposes some ethical questions on euthanasia. This exercise focuses on patient autonomy, reflections on medical ethics, and the right to die with dignity.


International practices, especially in countries like the Netherlands and Belgium, where active euthanasia has been legalized, could give comparisons to possible reforms that may evolve in Indian laws. The paper concludes by discussing the prospects of euthanasia in India by recommending legal and medical reforms to deal with the challenges of valid consent and protecting the rights and dignity of patients in end-of-life care.


Keywords: euthanasia, consent, rights, autonomy, ethics



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Indian Journal of Law and Legal Research

Abbreviation: IJLLR

ISSN: 2582-8878

Website: www.ijllr.com

Accessibility: Open Access

License: Creative Commons 4.0

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