Abstract:
Right to life; which is a significant fundamental right of human is also an
integral part of a democratic society. Since several contradictions are observed
in relation to the concept of right to life with death penalty, euthanasia and
abortion, this study is focused on identifying an agreeable conclusion in the
light of Buddhism.
In many countries right to life has been recognized as a right and with the
adoption of UDHR by United Nations Organizations in 1948, right to life
became universally accepted under article 3. Although Sri Lankan Constitution
of 1978 does not expressly guarantee it, courts have incorporated this by
judicial activism. In Sriyani silva v OIC Payagala as well as Rani Fernando
v OIC Seeduwa it was held that, Article 13(4) of the Constitution should be
interpreted broadly to mean that the Article recognizes the right to life where
death had occurred as a result of violation of Article 11.
Major question that emerges in this scenario is that, can a life be deprived
according law and whether the death penalty, euthanasia, abortions violate
right to life. In 1989, the Second optional protocol to the ICCPR was adopted
for abolition of the death penalty. In contrast, some countries have legalized
abortion and euthanasia on some grounds remaining dilemma as to whether it
is a violation of right to life or not. These views can be reviewed in the light of
Buddhism focusing on teaching of the Buddha who precisely admired human
right in his preachings. According to Five Precepts, abstain from harming living
beings, secure right to life of human as well as animals’ unconditionally. The
Dhammapada asserts that “all beings desire happiness and one shall neither
harm nor kill’’. Maithri of four Brahma Viharanas is also focused on wellbeing
of everyone universally. However, unlike Human Rights, Buddhism is not just
for personal wellbeing, it is a path to practice spiritual development which
achieves noble truth through practicing Noble Eightfold Path.
Having this basis, the right to life should be introduced as an absolute right in
Sri Lanka through Constitutional amendments. Measures should be taken to
form restorative justice instead of retributive justice. The state as a civilized
institution should take steps not to exclude its members by killing or letting
them kill but by providing opportunities to socialize.
