Sunday, 16 February 2020

EMERGING ISSUES - RIGHT TO LIFE


Right to Life – Article 3 of the UDHR provides that ‘Everyone has the right to life, liberty and security of person’. This right is the most essential right in order to enable any individual to enjoy all other rights. A person who is deprived of the right to life is deprived of all other rights.

The Right to Life is an inherent right of all. This means that every person, by virtue of being a human being has the inalienable right to live.

This right is protected by law and anyone who violates this right will be punished by law.

Although the right to life is accepted by all as the most basic human right, there are certain issues involved – capital punishment, voluntary euthanasia and abortion.

Capital punishment / death penalty – UDHR and ICCPR do not abolish death penalty. However, there are several restrictions on the states in order to minimize the use of death penalty.
While the right to life is absolute and cannot be denied even to a hardened criminal, it is the duty of the state to protect the life of all persons even if it means it has to take the life of a convicted criminal.

Euthanasia – is the right to die peacefully and with dignity. According to those in favor of Euthanasia, the right to life does not require an individual to go on living. Thus, they fell that euthanasia should be allowed, either by administration of drugs or the withdrawal of life support systems and to put an end to life of those willing patients who are terminally ill. However, the question of willingness of the patient arises as well as the decision of taking away a life cannot reside in the individual’s hands.

Abortion – the question of ‘does a fetus (foetus) have the right to life’ has been a topic of discussion. Abortion or medical termination of pregnancy is the human right of the woman whose life is in danger or whose health is in a critical condition due to the pregnancy. Abortion is allowed in the early stage of pregnancy.

Capital punishment, euthanasia and abortion are highly controversial and debatable topics. Neither the states nor international bodies have been able to come to any specific conclusions on the same.

Essential conditions constructed into the Right to Life under the Indian Constitution

Right to live with human dignity along with the bare necessities of life food, clothing and shelter.

Right to facilities for reading, writing and expressing ourselves.

Right to move about freely, mix and communicate with fellow human beings.

Right to livelihood.

Right to live in a healthy environment.

Right to enjoyment of pollution free water and air

Right to education

Right to health

Right not to be driven out of state

Right to protection against hazardous industries

Right to timely medical treatment in government hospitals.

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