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DR.

RAM MANOHAR LOHIYA NATIONAL LAW UNIVERSITY

2015-16

FINAL DRAFT

ON

Euthanasia- Should it be made legal

SUBMITTED BY: SUBMITTED TO:

NITESH JINDAL Dr. SANJAY SINGH

ROLL NO: 95 FACULTY OF SOCIOLOGY

SECTION B DR. RAM MANOHAR LOHIYA

B.A. LLB (Hons.), SEMESTER I NATIONAL LAW UNIVERSITY

SIGNATURE OF STUDENT SIGNATURE OF PROFESSOR


ACKNOWLEDGEMENT

I am obliged to assistant professor Dr. SANJAY SINGH, who has given me golden chance
for this research project. I would also like to thank the almighty and my parents for their
moral support and my friends who are always there to extend the helping hand whenever and
wherever required.

I further extend my thanks to library staff of DR. RAM MANOHAR LOHIYA


NATIONAL LAW UNIVERSITY who helped me in getting all the materials necessary for
the project.

NITESH JINDAL

ROLL NO.95

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CONTENT:

INRODUCTION..4
MONTESQUIEU THEORY6
CHECK AND BALANCE ON THE DOCTRINE OF ..7
SEPARATION OF POWER
POSITION OF SEPARATION OF 7
POWER IN DIFFERENT DEMOCRATIC SETUP
1. USA.8
2. INDIA..10
DEMOCRACY..12
DIFFERENT ORGAN OF DEMOCRACY..12
MERIT OF THE SEPARATION OF POWER..14
DEMERIT OF THE SEPARATION OF POWER.15
CONCLUSION.......15
WEBLIOGRAPHY..16
BIBLIOGRAPHY.16

INTRODUCTION

Euthanasia, from the Greek word meaning good death, is the practice of assisted
suicide with the intention of relieving pain and suffering. Euthanasia is also known as mercy
killing or physician assisted suicide. Like all things that deal with life and death, it has been a

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controversial subject of debate due to its seeming infringement of a persons fundamental
right to live. As a law, voluntary euthanasia is accepted in some countries, including some
states in the United States and provinces in Canada. Euthanasia is also one of the most
actively researched and debated subjects in modern bioethics. Surveys taken in the United
States indicate that an estimated 46% of physicians agree that voluntary euthanasia should be
allowed for certain situations, with 41% disagreeing altogether and 14% believe it to be
circumstantial. Below are the key arguments for euthanasia, which highlight why it is our
right as human beings as well as the benefits it presents.

Euthanasia is defined as a deliberate act undertaken by one person with the intention
of ending life of another person to relieve that person's suffering and where the act is the
cause of death.(Gupta, Bhatnagar and Mishra) Some defines it mercy killing. Euthanasia
may be voluntary, non voluntary and involuntary. When terminally ill patient consented to
end his or her life, it is called voluntary euthanasia. Non voluntary euthanasia occurs when
the suffering person never consented nor requested to end a life. These patients are
incompetent to decide because they are either minor, in a comatose stage or have mental
conditions. Involuntary euthanasia is conducted when it is against the will of the patient
(Gupta, Bhatnagar, Mishra). Euthanasia can be either passive or active. Passive euthanasia
means life-sustaining treatments are withheld and nothing is done to keep the patient alive.
Active euthanasia occurs when a physician do something by giving drugs or substances that
ends a patients life.

Euthanasia is a painless peaceful death. Euthanasia is defined as the deliberate putting


to death of a person suffering from a painful, incurable disease(New Standard Encyclopedia
Dictionary). People use other terms to describe euthanasia: mercy killing, assisted suicide,
and physician assisted suicide. Euthanasia can be unresponsive, (inactive) or active.
Unresponsive euthanasia occurs when an incurably ill person refuses life sustaining medical
support. Active euthanasia happens when another person deliberately causes the death of a
terminally ill person, such as when someone gives a terminally ill person a lethal injection.
Euthanasia can also be voluntary or involuntary. Voluntary euthanasia occurs with the consent
of the dying person, while involuntary euthanasia happens when the dying person doesnt
give their consent.

n acceptance of the practice of Voluntary Euthanasia is incompatible


with the Christian belief in the Sanctity of Life but not with the
attitudes of some ethical philosophers. Discuss.

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'No one shall be subjected to torture or to inhuman or degrading
treatment or punishment'.[1] Imagine at the age of 40, you are
diagnosed with Motor neurone disease, a fatal disease that causes
degeneration of the motor neurones, which leads the wasting of
muscles. You are intellectually sound but totally dependant on your
spouse for physical support. You are aware of the fact that your death
is imminent and will probably be painful, suffering from severe
breathing problems and pneumonia before slipping into a coma. By the
age of 42 you want to end your life, leaving your two children and
spouse with more pleasant memories of you, however, the courts will
not allow you to end your life

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