Empowering the People: The Role of Enthusiasm in Upholding Fundamental Rights

Introduction

The Indian Constitution, meticulously crafted by the visionaries of our independence struggle, stands as a testament to our collective desire for a free and just society. At its core lies the promise of fundamental rights—essential liberties that define who we are as Indians and safeguard the values we hold dear. These rights, from freedom of speech and expression to equality before the law, are the very air we breathe as a democracy.

However, merely inscribing these rights on parchment is not enough. Their true power lies in their active and enthusiastic defense by the people they empower. Unlike a dusty relic in a museum, the Constitution is a living document, a dynamic force that thrives on the unwavering commitment of its citizens. From holding the government accountable to standing up against injustices, a citizenry brimming with enthusiasm for the Constitution becomes a powerful force for positive change. By exploring real-life examples and highlighting the power of collective action, we will demonstrate how enthusiasm can be harnessed to ensure the enduring legacy of our fundamental rights.

The Meaning and Implications of Euthanasia

Euthanasia, derived from the Greek phrase "eu thanatos" (eu = "good" and thanatos = "death"), literally means "easy death." The practice of euthanasia can be classified into two primary categories:

Active Euthanasia: This method involves taking proactive measures to end a patient's life, such as administering a lethal dose of drugs via an intravenous line. It is sometimes referred to as "aggressive euthanasia."
Passive Euthanasia: This involves intentionally causing death by withholding or withdrawing artificial life support from a terminally ill patient. In such cases, necessary interventions to sustain the patient's life are not performed.

Euthanasia can further be classified into three broad forms:

Voluntary Euthanasia: This occurs when a patient consciously decides to end their life. The individual must be in unbearable pain and in a terminal condition recognized by the medical community.
Non-voluntary Euthanasia: This involves ending the life of a person who is unable to express their preferences, relying on a proxy request to terminate their life, typically for health-related reasons.
Involuntary Euthanasia: This occurs when a patient suffering from a terminal illness or prolonged pain has not consented to euthanasia. This lack of consent may be due to an inability to express preferences, such as being in a coma.

Conflict Between Euthanasia and Fundamental Rights

The legal and moral debates surrounding euthanasia are complex. Article 21 of the Indian Constitution recognizes the right to a dignified death as an essential part of the right to life. Terminal illness not only causes physical agony but also leads to psychological and emotional distress for both the patient and caregivers. This raises the question: should patients near death be given the option to choose how they wish to die?

The dilemma revolves around whether a person with a terminal illness should receive assistance in ending their life or be allowed to suffer until they die naturally. Is a person's desire to die more significant than state laws prohibiting euthanasia? These ethical and legal questions are challenging to resolve, as predictions about the consequences of legalizing voluntary euthanasia are speculative.

Legal and Constitutional Analysis of Euthanasia in India

Article 21 of the Indian Constitution, which states, "No person shall be deprived of his life or personal liberty except according to the procedure established by law," covers a range of fundamental rights under the heading of "personal liberty." These include the rights to health, employment, housing, privacy, and living with dignity. The Supreme Court of India has interpreted "life" broadly, considering it under Article 21.

In K.S. Puttaswamy v. Union of India, the Supreme Court reaffirmed that human dignity is an essential component of Article 21. The right to a dignified death includes facilitating the passing of a terminally ill patient with no chance of recovery. However, the right to life does not include the right to die.

The Constitution Bench deliberated on whether the ruling in P. Rathinam v. Union of India (1994) was correct. In Gian Kaur v. State of Punjab (1996), the Supreme Court held that the right to die is not included in the right to life under Article 21. The Court ruled that the "right to live with human dignity" does not encompass the right to die.

In Gian Kaur, the Court noted that arguments against euthanasia based on the sanctity of life or the right to live with dignity are insufficient to determine the parameters of Article 21. The "right to life" implies the right to live with human dignity until natural death, not the right to die prematurely.

The Court ruled that the right to end one's life cannot be interpreted to include the right to live with dignity. Thus, euthanasia and assisted suicide remain unlawful in India, except in specific cases of passive euthanasia under stringent guidelines.

Conclusion

The Indian Constitution is a powerful tool, but its effectiveness depends on the enthusiasm and commitment of its citizens. When wielded with a passion for justice, the Constitution becomes a force for positive change. We must strive to be a citizenry that not only understands but also embraces its fundamental rights, ensuring that the promise of liberty and equality enshrined in our Constitution remains a reality for generations to come.

The Constitution is not merely a dusty tome gathering cobwebs in a library. It is a vibrant force, a promise of liberty and justice that thrives on the unwavering commitment of its people. Enthusiasm, that spark of passion, plays a critical role in translating the words on paper into a lived reality. When citizens are genuinely enthusiastic about their fundamental rights, they become the driving force behind a strong democracy. They raise their voices, question authority, and participate actively in safeguarding the very essence of our republic.

By understanding the nuanced debates surrounding issues like euthanasia and fundamental rights, we become better equipped to engage in meaningful discourse and advocate for policies that reflect our values. Our collective enthusiasm for the Constitution and its principles is what will ensure its enduring legacy and the continued protection of our fundamental rights.

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Article Compiled by:-

~Prerna Yadav

(LegalMantra.net Team)

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