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Passive Euthanasia: Operationalising The Right To Die With Dignity [Case Comment On Harish Rana V. Union Of India (2026)]




Shivani Kumari; LL.B., Law Centre-1, Faculty of Law, University of Delhi.


“Death is not always the enemy of life; sometimes, it is the final refuge of dignity.”


ABSTRACT


The case of Harish Rana v Union of India (2026) marks a paradigm shift in the euthanasia laws in our country. The case, authored by a two-judge bench, analyses the tussle between the sanctity of life and constitutional morality. Through this case, the application of the guidelines in the judgment of Common Cause v Union of India (2018) can be seen for the first time in our country by allowing passive euthanasia and ensuring the right to die with dignity under Article 21. It provides a comprehensive interpretation and streamlining of the procedure for withdrawing life-sustaining medical treatment, especially Clinically Assisted Nutrition and Hydration (CANH).


Keywords: Article 21, Right to die with dignity, passive euthanasia, CANH, best interest principle



Indian Journal of Law and Legal Research

Abbreviation: IJLLR

ISSN: 2582-8878

Website: www.ijllr.com

Accessibility: Open Access

License: Creative Commons 4.0

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All research articles published in The Indian Journal of Law and Legal Research are fully open access. i.e. immediately freely available to read, download and share. Articles are published under the terms of a Creative Commons license which permits use, distribution and reproduction in any medium, provided the original work is properly cited.

 

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The opinions expressed in this publication are those of the authors. They do not purport to reflect the opinions or views of the IJLLR or its members. The designations employed in this publication and the presentation of material therein do not imply the expression of any opinion whatsoever on the part of the IJLLR.

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