Does Right to Life Include Right to Die ?

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Amity Law School, Lucknow|

CONSTITUTIONAL LAW - II

ASSIGNMENT

ARTICLE 21: DOES RIGHT TO LIFE INCLUDE RIGHT TO DIE?

SUBMITTED TO: SUBMITTED BY: PROF. S.K.GAUR MAYURI GUPTA B.A.LL.B (H) (2011-2016)

ACKNOWLEDGEMENT

The assignment work bears the imprint of many people, and I express my gratitude to all those who have helped me and rendered their help in all the possible ways in a completion of my assignment. No work can be successful without the guidance and blessing of elders and this work is no exception. It is a matter of immense pleasure to express my gratitude to my faculty Hon’ble Prof. S. K. Gaur for his guidance and excellent insights which gave direction andfocus to this paper. I thank him for lending his precious time in making this assignment anauthentic piece of work. He regularly guided me. I also owe sincere gratitude to the staff at library for always helping in the process of finding material and other sources for research. I am very grateful to my senior Mr. Animesh Kumar and all the individuals involved in the subgroup for their contributions and assistance in compiling this assignment and the recommendations that go with it: they are the outcome of an open, interactive and creative cooperation. I also thank social networking site for searching the required information in precise and as per needed. How I can forget to give credit and my satisfaction to my friends. My institution and family really supported me throughout in my endeavours to which I am honoured to thank. My sense of gratitude is due to AMITY LAW SCHOOL, LUCKNOW. At last, I express my heartfelt gratitude to the God Almighty, without whose blessing and motivation, the completion of this assignment would have been impossible. Thanks to all.......

Mayuri Gupta

CONTENTS

* Article 21: A Brief Introduction…………..………………………………………….5 * Protection of Life and Personal Liberty……………………………………………..5 * Right to Life: An Introduction……………………………………………………….6 * No Right to Die or Commit Suicide…………………………………………………..7 * Aruna Ramchandra Shanbaug v. Union Of India…..…………………………….10 * Conclusion...................................................................................................................12 * Bibliography................................................................................................................13

CASES

1. ArunaRamchandraShanbaug v. Union Of India, AIR 2011
2. Bombay Dyeing & Mfg. Co. v. By. EA Group, AIR 2006 SC 1489 3. ChennaJagadeeswar v. State of A.P.1988 Cr LJ 549.
4. Francis Coralis v. Union Territory of Delhi, AIR 1981 SC 746. 5. GianKaur v. State of Punjab, AIR 1996 SC 946.
6. I.R. Coelho v. State of Tamil Nadu, AIR 2007 SC 861.
7. Kharak Singh v. State of Uttar Pradesh AIR 1963 SC 1295. 8. Munn v. Illinois (1877) 94 US 113
9. O. Konavalov v. Commander Coast Guard Region, (2006) 4 SCC 1489. 10. Olga Tellis v. Bombay Municipal Corporation, AIR 1986 SC 180. 11. P. Rathinam v. Union of India (1994) 3 SCC 394: AIR 1994 SC 1844 12. P.S.R. Sadhanantham v. R.S Naik, AIR 1992 SC 1701.

13. Rajneesh Kapoor v. Union of India, AIR 2007 MP 204.
14. State of Maharashtra v. MarutiSripatiDubal.(1987) CrLJ 549 Bom. 15. Sunil Batra v. Delhi Administration AIR 1978 SC 1675.

ARTICLE 21: A BRIEF INTRODUCTION

Protection of Life and Personal Liberty

“Article 21 reads as: No person shall be deprived of his life or personal liberty except according to aprocedure established by law.” The phraseology may be negative, but it has conferred an obligation on the state to ensure good quality of life and a dignified life to the people, which is the positive aspect of the article. According to Bhagwati, J., Article 21 “embodies a...
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