Common Cause (A Regd. Society) vs Union Of India
Court
SC
Year
2018
Category
Informed Consent
Compensation
None
Background
A writ petition was filed by Common Cause seeking to declare the right to die with dignity as a fundamental right and to secure legal recognition for advance medical directives (living wills) for terminally ill patients.
The Legal Question
Whether the right to life under Article 21 includes the right to die with dignity, and whether advance medical directives for passive euthanasia are legally permissible and enforceable.
The Court's Decision
The Court held that the right to life with dignity includes the right to a dignified death. It legally recognized passive euthanasia and laid down comprehensive guidelines for the execution of advance directives and the withdrawal of life support.
The right to life with dignity encompasses the right to die with dignity. Passive euthanasia and advance directives are legally valid and enforceable under Article 21 of the Constitution.
Relevant Legal Provisions
What This Means for Your Practice
Doctors are legally protected when withdrawing life support based on a valid advance directive or surrogate consent for terminally ill patients without hope of recovery.
Hospitals must constitute Medical Boards to certify the necessity of passive euthanasia and validate the withdrawal of treatment in conjunction with the jurisdictional Magistrate.
Physicians must act in the best interest of the patient, ensuring that any advance directive was made voluntarily and with informed consent.
Original Judgement
Explore More Cases
Disclaimer: The case summary, legal analysis, and practical notes on this page are for educational purposes only and do not constitute legal advice. The original PDF is sourced from public Indian court records. MedicoLegalAid does not claim ownership of the original judgement.