Judgement of the Day.-Common Cause (A Regd. Society) vs.  Union of India

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


CITATION WP (C) 215/2005


FACTS

The Writ Petition preferred under Article 32 of the Constitution of India by Common Cause, a

registered society, seeks to declare ―right to die with dignity as a fundamental right within the

fold of ―right to live with dignity guaranteed under Article 21 of the Constitution; to issue

directions to the respondents to adopt suitable procedure in consultation with the State

Governments, where necessary; to ensure that persons of deteriorated health or terminally ill

patients should be able to execute a document titled ―My Living Will and Attorney

Authorisation which can be presented to the hospital for appropriate action in the event of the

executant being admitted to the hospital with serious illness which may threaten termination of

 life of the executant; to appoint a committee of experts including doctors, social scientists and

lawyers to study into the aspect of issuing guidelines as to the ―Living Wills; and to issue such

further appropriate directions and guidelines as may be necessary.

JUDGMENT

The right to die with dignity as a fundamental right has already been declared by the Constitution

Bench in the judgment of Gian Kaur case which we reiterate; Article 21 of the Constitution

guaranteed the right to a dignified life unto the point of death including a dignified procedure of

death.

Euthanasia has been derived from the Greek word “Eu Thanatos”, which means “good death”.

There are two ways to seek euthanasia viz. passive and active. In passive euthanasia, there is the

withdrawal of medical treatment of terminally ill patients, whereas, in active euthanasia,

injections or overdose of medicines is given to hasten their death, which is illegal in India.

Passive euthanasia is considered morally superior to active euthanasia since it means allowing

the patient to die and not killing him.

We declare that an adult human being having the mental capacity to make an informed decision

has the right to refuse medical treatment including withdrawal from life-saving devices.

A person of competent mental faculty is entitled to execute an advance medical directive in

accordance with the safeguards.

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