Question

Principle: The Constitution of India guarantees the 'right to life', which means 'right to live with human dignity'. The right to life under the constitution, however, does not include the right to die.

Facts: 'M' who is 90, lives all alone as he has no family or children or grandchildren. He suffers from physical and mental distress, as there is no one to look after him. He has little means to foot his medical expenses. Under these circumstances, he approaches the court with a prayer that he should be granted the right to die with dignity because he does not want to be a burden on society. Further, as it is his life, he has a right to put an end to it.
Which of the following derivations is correct?

Options

• The prayer can be granted, as suicide is not an offense in India

• The prayer can be granted, as the right to life under the Constitution- includes the right to die

• The prayer can be granted, as a person cannot be forced to enjoy right to life to his detriment, disadvantage and disliking

• The prayer cannot be granted, as the right to life under the Constitution does not include the right to die

Answer 1

The prayer cannot be granted, as the right to life under the Constitution does not include the right to die

Explanation:

According to Article 21 of the Indian Constitution,  right to life does not include right to die. This principle has been stated in a benchmark decision in the case of Gian Kaur vs State of Punjab.  So, in the case given here, the prayer cannot be granted, as the right to life under the constitution does not include the right to die.