BALANCING THE RIGHT TO DIE AND FAMILIAL OBLIGATIONS: THE INFLUENCE OF CULTURAL AND RELIGIOUS VALUES ON EUTHANASIA DECISIONS IN INDIAN FAMILY LAW
BALANCING THE RIGHT TO DIE AND FAMILIAL OBLIGATIONS: THE INFLUENCE OF CULTURAL AND RELIGIOUS VALUES ON EUTHANASIA DECISIONS IN INDIAN FAMILY LAW Anushka Sinha, Amity University, Noida Download Manuscript doi.org/10.70183/lijdlr.2024.v02.36 This paper examines intricate dynamics involving euthanasia, family obligations, as well as the cultural and religious forces that govern Indian law. The recently landmark Aruna Shanbaug case presented a significant judgment declaring passive euthanasia legal which led to an intriguing attempt by the Indian legal structure to strike a balance between a patient’s right to die as well as family’s moral obligation to care for the patient. This is well summarized by Mahatma Gandhi, who profoundly said, “The greatness of a nation can be judged by how it treats its weakest members,” thereby underscoring empathy very much as a central consideration in life and death legal discussions. This paper investigates the contemporary structures of law concerning euthanasia in India, based on the role of family members in the decision-making process. It throws light on the conflicts that arise when personal values clash with family and social expectations, most profoundly in deeply held cultural and religious values. In this regard, the research examines to what extent these values determine not only personal and family attitudes toward euthanasia but also influence judicial reasoning and outcomes in cases related to euthanasia. This paper tries to explain the delicate balance Indian family law must provide as it tries to strike in safeguarding the rights of the dying patient and, at the same time, offers consideration of the moral and ethical obligation owed by their families. This will draw from relevant case law, key legal principles as well as public opinion also it would require a more appropriate legal framework with respect for individual rights and more comprehensive societal values, especially the imperative of sympathy and understanding in this continuous debate on euthanasia in India. Type Information Research Paper LawFoyer International Journal of Doctrinal Legal Research, Volume II, Issue III, Page 614-631. Creative Commons Copyright This work is licensed under a Creative Commons Attribution-NonCommercial 4.0 International License. Copyright © LIJDLR 2024