Common Cause vs Union of India 2018, Right to Die with Dignity

The landmark Common Cause vs Union of India (2018) judgment is one of the most important decisions in India’s constitutional and medical ethics landscape. 

Through this case, the Supreme Court recognized that the Right to Die with Dignity is a fundamental right under Article 21, thereby allowing passive euthanasia and living wills in India under strict safeguards.

Issues Before the Supreme Court

The Supreme Court had to address several crucial constitutional and ethical questions, including:

• Whether the Right to Die with Dignity can be included within the Right to Life under Article 21.
• Whether passive euthanasia should be legally allowed in India.
• Whether individuals should be permitted to create an Advance Directive (Living Will) specifying their end-of-life medical decisions.
• How to balance patient autonomy, medical ethics, and state interest in preserving life?
• What procedural safeguards should be established to prevent misuse?

Supreme Court’s Interpretation of Article 21

The Supreme Court interpreted Article 21 – Right to Life and Personal Liberty in an expansive and humane manner. Key observations include:

• The Right to Life does not mean forced prolongation of life through artificial means.
• The Court held that life with dignity includes death with dignity, especially during the final stages of an incurable illness.
• The judgment emphasized individual autonomy, especially in the context of medical treatment.
• The Court recognized that allowing a terminally ill patient to avoid unnecessary suffering was consistent with Article 21.

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What is Euthanasia?

Euthanasia refers to intentionally ending a person’s life to relieve them from extreme suffering due to terminal or irreversible illness. It is mainly classified into:

1. Active Euthanasia – Direct intervention to cause death (e.g., administering lethal medication). This is illegal in India.
2. Passive Euthanasia – Withdrawing or withholding life-support systems such as ventilators, feeding tubes, or medications to allow natural death. This is legal in India since the 2018 judgment.

Passive Euthanasia in India

Passive euthanasia in India refers to withdrawing or withholding life-support treatment for terminally ill patients when recovery is medically impossible. The Supreme Court legalized it in the Common Cause vs Union of India (2018) judgment, recognizing the Right to Die with Dignity under Article 21.

• Legalized by the Supreme Court in 2018 through the Common Cause judgment.
• Permits withdrawal of life-support when a patient is terminally ill or in an irreversible state.
• Living Will / Advance Directive allowed for patients to express end-of-life medical choices.
• Requires a two-tier medical board with 5 years of practice to certify the patient’s condition.
• Active euthanasia remains illegal in India.
• Ensures patient autonomy, dignity, and ethical end-of-life care.

Conclusion

The Common Cause vs Union of India (2018) judgment marked a transformative moment in Indian constitutional law by recognizing the Right to Die with Dignity under Article 21. It ensured that terminally ill individuals are not forced to endure unnecessary suffering and can make informed end-of-life decisions through passive euthanasia and Living Wills. Overall, the ruling strengthened personal autonomy, medical ethics, and the humane interpretation of fundamental rights.