Bench: Dipak Misra, CJI, A.K. Sikri, A.M. Khanwilkar, D.Y. Chandrachud, and Ashok Bhushan
FACTS
Common Cause, a registered society, filed a writ petition seeking a declaration that the "right to die with dignity" is inherent in the "right to live with dignity" under Article 21 of the Indian Constitution. The petition also sought directions for the State to establish procedures allowing individuals in deteriorated health or terminally ill conditions to execute Advance Medical Directives or living wills. The case was referred to a Constitution Bench due to conflicting precedents on the right to die in India.
ISSUE
Whether the "right to die with dignity" is a fundamental right within the scope of the "right to live with dignity" guaranteed under Article 21.
If so, what are the parameters and guidelines for regulating passive euthanasia?
JUDGMENT
The Supreme Court, in a landmark judgment, recognized the right to die with dignity as a fundamental right under Article 21 of the Constitution of India. The Court held that the right to life includes the right to a dignified death, encompassing the right to refuse or withdraw medical treatment that prolongs suffering without any meaningful benefit.
The Court laid down detailed guidelines for regulating passive euthanasia, emphasizing the need for a rigorous and compassionate process that safeguards the rights and interests of individuals seeking passive euthanasia. The guidelines include:
Informed Consent: A competent adult has the right to make an informed decision about passive euthanasia.
Medical Opinion: An independent medical team must assess the patient's condition and provide a clear diagnosis and prognosis.
Advance Directives: Individuals can create advance directives, or living wills, expressing their wishes regarding passive euthanasia in the event of future incapacity.
Judicial Review: A High Court may grant permission for passive euthanasia following a thorough examination of the case and adherence to the guidelines.
Commentaires