Revisiting The Right To Die With Dignity: The Impact Of Common Cause V. Union Of India On Euthanasia Law
- IJLLR Journal
- Nov 10
- 2 min read
Sayak Mukherjee & Saptarshi Samajder, LLM, Amity Law School, Amity University, Kolkata
ABSTRACT
The idea of the right to die with dignity is one of the most troubling expansions of the basic right to life enshrined in Article 21 of the Indian Constitution. The historic judgment of the Supreme Court in Common Cause v. Union of India (2018) was a constitutional acknowledgement of passive euthanasia and advanced medical directives, holding that the right to refuse life-sustaining medical treatment is a part of an individual's personal liberty and human dignity. This ruling revolutionized India's legal system by conjoining personal freedom and human dignity with decisions at the end of life.
Even with such recognition, the lack of specific legislation and the procedural constraints of the Court's initial guidelines narrowed practical application for passive euthanasia. Recognizing these weaknesses, the Supreme Court in 2023 reconsidered and streamlined the procedural framework, making living wills easier and medical decisions time-sensitive. Nevertheless, issues of ethical rationale, medical responsibility, and potential abuse continue to frame the debate of today.
This research critically analyzes the development of India's right to die with dignity and draws upon the constitutional, ethical, and social frameworks that shape the application of passive euthanasia. By examining the jurisprudence of precedents, comparative legal policies, and developing medical jurisprudence, the research aims to evaluate how far India has evolved towards reconciling the sanctity of life with the subject's control over death. The research eventually seeks to assess whether contemporary legal advances sufficiently protect both compassion and caution in the enforcement of this delicate right.
Keywords: Right to Die with Dignity, Passive Euthanasia, Article 21, Living Will, Advance Medical Directive, Human Dignity, Personal Liberty, Constitutional Morality, Judicial Interpretation, Medical Ethics, End-of-Life Decisions, Legal Reforms, Ethical Dilemmas, Indian Constitution.
