Euthanasia In India: The Right To Die With Dignity And The Need For A Statutory Framework
- IJLLR Journal
- Aug 16
- 1 min read
Tamana Kawoosa, University of Kashmir
ABSTRACT
Euthanasia lies at the difficult confluence of constitutional liberty, medical ethics, criminal law and the State's competing interest in preserving life. The Supreme Court’s decisions in P. Rathinam v. Union of India, Gian Kaur v. State of Punjab, Aruna Ramachandra Shanbaug v. Union of India and Common Cause v. Union of India have shaped Euthanasia in India. Recently, the Supreme Court’s 2026 decision in Harish Rana v. Union of India further clarified the operation of passive euthanasia, particularly in relation to clinically assisted nutrition and hydration in cases of irreversible vegetative states. This article discusses the judicial recognition of the right to die with dignity and the practice of active and passive euthanasia in several other countries and argues that the need for a clear statutory framework within India. Judicial recognition will not, on its own, create a stable, easily accessible framework for making end-of-life decisions. Therefore, this article argues that Parliament should enact a regulatory framework based on autonomy and dignity that includes medical safeguards, transparency and protection for vulnerable persons.
Keywords: Euthanasia; Passive Euthanasia; Right to Die with Dignity; Article 21; Living Will; Advance Medical Directive; End-of-Life Care; Medical Ethics; Constitutional Law.
