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Supreme Court of India 2018-03-09 allowed

Common Cause (A Regd. Society) vs Union of India and Another

Bench: 5 — Dipak Misra, A.M. Khanwilkar, D.Y. Chandrachud, Ashok Bhushan, A.K. Sikri

In Brief

This landmark judgment affirms that the right to life under Article 21 of the Constitution includes the right to die with dignity at the end of life. The Court held that passive euthanasia—the withholding or withdrawal of artificial life-support—is constitutionally permissible for terminally ill patients or those in irreversible vegetative states where death is imminent. Advance medical directives (living wills) are valid constitutional instruments allowing individuals to pre-authorize withdrawal of treatment. The judgment establishes detailed safeguards including hospital medical boards, district-level review, and judicial authorization before implementation. Active euthanasia remains illegal. The decision balances individual autonomy and dignity against the sanctity of life, recognizing that prolonged artificial life-support can violate dignity in the face of inevitable death. Implementation procedures protect against abuse while respecting the constitutional rights of terminally ill individuals.

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