CASE COMMENTARY ON GIAN KAUR VS STATE OF PUNJAB

AUTHOR – V NEERAJA C REDDY, STUDENT AT SCHOOL OF LAW, SATHYABAMA INSTITUTE OF SCIENCE AND TECHNOLOGY

Best Citation – V NEERAJA C REDDY, CASE COMMENTARY ON GIAN KAUR VS STATE OF PUNJAB, ILE FORTNIGHTLY REVIEW (ILE FN), 1 (2) of 2023, Pg. 21-24, APIS – 3920 – 0035 | ISBN – 978-81-964391-3-2.

ABSTRACT

The question of “Right to Life” was first raised in the case of Maruti Shripati Dubal V. State of Maharashtra 1987 (1) BomCR, (1986) 88 BOMLR 589 followed by P. Rathinam V. Union of India 1994 AIR 1844, 1994 SCC (3) 394.  Part III of Indian Constitution guarantees the basic fundamental rights to the citizens and one such right is Article 21 which includes the Right to life and Personal Liberty. In this case the court quashed Section 309^[1] of IPC because it was violative of Article 21 of Indian constitution and court also stated that right to life also includes right to die if one chooses or decides to end their own life and later in the following cases it was over ruled by giving judgement that right to life does not include right to die.

KEYWORDS – Right to live, Article 21, Abetment to suicide, Supreme Court, Right to die.

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[1] Section 309 of IPC-  Attempt to commit suicide

Whoever attempts to commit suicide and does any act towards the commission of such offence, shall be punished with simple imprisonment for a term which may extend to one year or with fine, or with both.