Right to Die and Euthanasia in India: Legal Framework, Cases & Key Insights
The concept of the Right to Die has been one of the most complex and debated issues in Indian constitutional and medical jurisprudence. It raises a fundamental question—does the right to life under Article 21 of the Constitution of India also include the right to die with dignity? Over the years, Indian courts have grappled with this sensitive issue, attempting to strike a balance between preserving life and respecting individual autonomy.
Euthanasia, commonly understood as the act of intentionally ending a person’s life to relieve suffering, has been at the center of this debate. In India, a distinction is made between active euthanasia, which involves a direct act to cause death, and passive euthanasia, which involves withdrawing or withholding life-sustaining treatment. While active euthanasia remains illegal, passive euthanasia has gained conditional legal recognition through judicial pronouncements.
A significant turning point came with the landmark judgment in Common Cause v. Union of India, where the Supreme Court recognized the right to die with dignity as a part of the right to life. The Court also legalized passive euthanasia and introduced the concept of a living will, allowing individuals to make advance decisions about their medical treatment in case they become incapable of expressing their consent.
Despite these developments, the issue remains controversial due to ethical, moral, and legal concerns. Questions around misuse, consent, and the role of medical professionals continue to shape the ongoing debate. As society evolves and medical technology advances, the discussion around the Right to Die and euthanasia in India continues to gain importance, making it a critical area of legal and human rights discourse.
