The Customary Practice of Senicide. With Special Reference to India

Essay from the year 2017 in the subject Law - Criminal process, Criminology, Law Enforcement, Indian School of Business Management & Administration (ISBM UNIVERSITY), language: English, abstract: Senicide is the practice of suicide or killing of aged persons. And one can find this kind of practice at Tamil Nadu in India in the name of Thalaikoothal. Thalaikoothal is the practice of killing elderly people of the family. Thalaikoothal is a Tamil word which means "leisurely oil bath". And the methods which are used for the killing of the aged person in the name of Thalaikoothal are not only painful but it's against the entire humanity. Ethically, morally and legally such practices should be stopped as they violate Article 21 of the Indian Constitution and it's against the mankind. According to Article 21 of Indian Constitution, "No person shall be deprived of his life or personal liberty except according to procedure established by law". Right to life under Article 21 does not include the right to die. Right to life is a natural right. Even in India only passive euthanasia is permitted and not Active euthanasia. The question regarding Right to die first time came before Bombay High Court in State of Maharashtra v. Maruty Sripati Dubal 1987 Cri LJ 743. And in this case the court declared that the Right to Life includes the Right to die, thus making Section 309 of Indian Penal Code, 1860 which makes attempt to suicide as punishable offence unconstitutional. But the Supreme Court in Gian Kaur v State of Punjab (1996)2 SCC 648, held that Right to life does not include "Right to die" or "Right to be killed". Thus, attempt to suicide is a punishable offence under section 309 of Indian Penal Code, 1860. Right to life is a natural right and right to die is not a natural right and no one has a right to finish their life in unnatural way. Thus, the practice of Thalaikoothal is illegal and unethical.