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Supreme Court of India 2018-03-09

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

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

In Brief

In this landmark Constitution Bench judgment, the Supreme Court held that the right to live with dignity under Article 21 includes the right to die with dignity. The Court recognized passive euthanasia (withdrawal or withholding of life-prolonging treatment) as constitutionally permissible for terminally ill patients, those in permanent vegetative states, or brain-dead patients with no realistic recovery prospects. The judgment validated advance directives/living wills as binding legal instruments allowing competent adults to refuse future medical treatment. While active euthanasia remains illegal, the Court established comprehensive procedural safeguards requiring Medical Board approval for non-voluntary passive euthanasia cases. The decision reinterpreted prior judgments in Gian Kaur and Aruna Shanbaug, emphasizing that human dignity, autonomy, and self-determination are fundamental constitutional values that extend to end-of-life decisions.

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Constitutional Law Right to Life Right to Die with Dignity Passive Euthanasia Advance Directives Living Wills Medical Ethics End-of-Life Care Personal Autonomy Human Dignity Fundamental Rights Medical Law

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