constitution

Aashish Satpute. (Querist) 20 January 2011 This query is : Resolved
right to die is fundamental right???????
Give citation for that!!!!!

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Arul Kumar (Expert) 20 January 2011
The constitutional right on 'Right to Die' is not very certain and clear. The following view can put light on the diverse view of courts on the matter of 'Right to Die'.
Now, the question arises whether right to life under Article 21 includes right to die or not. This question came for consideration for first time before the High Court of Bombay in State of Maharashtra v. Maruti Sripati Dubal. In this case the Bombay High Court held that the right to life guaranteed under Article 21 includes right to die, and the hon’ble High Court struck down section 309 IPC which provides punishment for attempt to commit suicide by a person as unconstitutional. In P Rathinam v. Union of India a Division Bench of the Supreme Court supporting the decision of the High Court of Bombay in. Maruti Sripati Dubal case held that under Article 21 right to life also include right to die and laid down that section 309 of Indian Penal Court which deals with ‘ attempt to commit suicide is a penal offence’ unconstitutional.

This issue again raised before the court in Gian Kaur v. State of Punjab. In this case a five judge Constitutional Bench of the Supreme Court overruled the P. Ratinam’s case and held that “Right to Life” under Article 21 of the Constitution does not include “Right to die” or “Right to be killed” and there is no ground to hold that the section 309, IPC is constitutionally invalid. To true meaning of the word ‘life’ in Article 21 means life with human dignity. Any aspect of life which makes life dignified may be include in it but not that which extinguishes it. The ‘Right to Die’ if any, is inherently inconsistent with the “Right to Life” as is “death” with “Life”