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International Journal of
Law, Policy and Social Review
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VOL. 8, ISSUE 2 (2026)
The lethal intersection: Legalizing euthanasia for organ donation amidst India’s healthcare crises and systemic vulnerability
Authors
Subhransu Satyabrata Jena
Abstract

The article examines the complex medical and ethical issues surrounding the possible introduction of Organ Donation after Euthanasia (ODE) into the Indian healthcare system. It places this discussion within the changing legal views on euthanasia in India, highlighting developments from the Aruna Shanbaug case to the simplification of “Living Will” guidelines in 2023. While these legal changes seem to suggest the start of a new “Right to Die” philosophy, the article argues that these developments are still underdeveloped both conceptually and institutionally in India. They lack the strong safeguards needed for ethical practice.

By critically looking at the weaknesses in Indian healthcare, particularly the lack of universal palliative care, high out-of-pocket health costs, and the ongoing illegal organ trade, the article highlights the social and economic realities that make the idea of freedom in euthanasia complicated. It suggests that in such circumstances, the notion of “choice” may be skewed. Vulnerable people could face subtle or direct pressure due to financial difficulties and poor care options.

The analysis also raises concerns about the risk of medicalizing death for organ donation purposes. In a setting with limited resources, combining euthanasia with organ transplant systems could create pressures that exploit economically disadvantaged people. This would effectively turn them into mere suppliers of biological materials for wealthier patients. The article warns that this trend undermines the ethical commitment to human dignity and patient rights.

In conclusion, the author argues that without strict government oversight and a strong public health safety net, any attempt to decriminalize ODE in India could favor organ utility over the dignity of patients. This might lead to situations where people under financial strain feel forced to choose death to ease their burdens.
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Pages:16-19
How to cite this article:
Subhransu Satyabrata Jena "The lethal intersection: Legalizing euthanasia for organ donation amidst India’s healthcare crises and systemic vulnerability". International Journal of Law, Policy and Social Review, Vol 8, Issue 2, 2026, Pages 16-19
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