• Services For Users/Clients
      • Business Registrations
      • GST Registration (Person)
      • GST Registration (Company)
      • Importer Exporter Code
      • Trade License
      • FSSAI Registration
      • Udyog Aadhaar/MSME Registration
      • Shops & Establishments Registration
      • Partnership Firm Registration
      • Private Limited Company Registration
      • Producer Company Registration
      • Instant Legal Advise
      • Instant Legal Research Advisory (By Video Meet - 30 Mins)
      • Instant Legal Research Advisory (By Phone - 30 Mins)
      • Instant Legal Research Advisory (By Email)
      • Case Status & Case Analysis (By Video Meet - 30 Mins)
      • Case Status & Case Analysis (By Phone - 30 Mins)
      • Case Status & Analysis (By Email)
      • Contracts & Agreements
      • Business Contracts & Agreements
      • Vetting Contracts & Agreements
      • Content Paraphrasing
      • Legal Translation/Transcription
      • Affidavits, Notary, Wills & POAs
      • Affidavit
      • Notary
      • Will
      • Codicil
      • General Power of Attorney
      • Special Power of Attorney
      • Attestation
      • Legal Research & Judgement Analysis
      • Judgments Search
      • Related Judgements Analysis
      • Laws/Reports/Acts Search
      • Judgment Summary
      • Pleadings & Petitions Analysis
      • Trial Courts & Dist Forums
      • High Courts & State Forums
      • Supreme Court & National Forums
      • Application Analysis
      • Exhibits Analysis
      • Evidence Analysis
  • Services For Lawyers
      • Online Office & Case Management
      • Assisted Online Case(s) & Calendar Management
      • Assisted Online Billing & Invoicing Assistance
      • Assistance in Recruiting Associates, Juniors, Staff
      • Assistance in Recruiting Interns
      • Translation, Transcription & Typing
      • Legal Translation/Transcription
      • On-call Typing
      • Typing
      • Trial Preparation
      • Opening & Closing Statements
      • Pointers & Charts
      • Drafting & Document Management
      • Drafting Contracts & Agreements
      • Vetting Contracts & Agreements
      • Document Conversion (Jpeg to Word/PDF, PDF to Word etc)
      • Content Paraphrasing
      • Drafting Wills/POAs/GPA/SPA/Affidavits
      • Legal Research
      • Judgment search
      • Laws, Acts & Reports Search
      • Judgment Summary
      • Related Judgments Search
      • Pleadings & Petitions Drafting
      • Petition/Plaint/Objections/Rejoinder drafting - Trial Courts & Dist Forums
      • Petition/Plaint/Objections/Rejoinder drafting - High Courts & State Forums
      • Petition/Plaint/Objections/Rejoinder drafting - Supreme Court & National Forums
      • Applications & Affidavits drafting
      • Petition/Plaint/Objections/Rejoinder Proof Reading
      • Indexing & Table of contents
      • Preparing & Marking Exhibits
      • E Filing
  • +91 9632247247
  • Sign In/Sign Up
Menu
  • +Users/Clients Back

    • Get Fee Legal Answers
    • Get Fee Estimates
    • Find Lawyers
    • Get A Dedicated Legal Assistant
  • +Lawyers

    • Display Boards
    • Case Diary & Office Manager
    • Petitions & Pleadings Templates
    • Post News & Artilces
    • Post Jobs & Internships
    • Get A Dedicated Legal Secretary
  • +Law Students

    • Campus Ambassadors
    • Find Jobs & Internships
    • Post News & Articles
    • Resource Sharing
  • +Law Schools

    • Post Admissions
    • Post Opportunities
    • Get Law School Rating

  • Home
  • Legal News
  • Right to Die with Dignity : Common Cause v Union of India

Latest News

Back

Right to Die with Dignity : Common Cause v Union of India

Courtesy/By: Smaranika Sen  |  19 Nov 2020     Views:159

Life and Death are considered to be the two most apparent truth of Nature. However, in life, no one makes grave one's goal. But as we know, Death is a part of life and each and everyone has to go through it, and it is the inevitable truth. We all want to live life, and we all must live it. But at times, serious health condition, terminal ill state and persistent vegetative state overpower one's will of living. And at that time, many countries perform Euthanasia. Euthanasia is defined as deliberately ending someone's life to relieve the person from endless suffering, it is performed by doctors. In this case, we will be observing the landmark judgment given by the honourable Supreme Court of India regarding Euthanasia.

The instant Writ Petition was filed under Article 32 of the Constitution of India by the petitioner i.e. a registered society before the honourable Supreme Court of India. The petitioner had filed this petition to seek that directions in which the right to die with dignity would be declared as a fundamental right within the fold of right to live with dignity which is guaranteed under Article 21 of Constitution. It is mainly issued for people in a persistent vegetative state.

The petitioner stated that every individual is entitled to take his or her decision about the continuance or discontinuance of life when the process of death has already commenced and he/she reached an irreversible permanent progressive state where death is not far away. According to the petitioner, one should have his/her fundamental right to end his/her pain which is endless and where death is not far away because of the persistent vegetative state. He/She should have the right to remotely not accept the effort that puts an individual life on support without a ray of hope. The petitioner also states that the concept also stated that the concept of sustenance of the individual autonomy includes the right to privacy and conception of liberty. To establish his detention regarding the Right to Privacy, he referred to cases like Kharak Singh v State of UP and others, Gobind v State Of MP and another, People's Union for Civil Liberties v Union of India. It is observed that in these cases the Court had stated that the situation had been created where the dying process of the patient is unnecessarily prolonged causing agony to the patient as well as near ones required the patient is in a persistent vegetative state, therefore, a free intrusion is allowed.  Nevertheless, it also stated that the petitioner of this case does not want to claim the right to die with dignity a part of the right to live with the dignity, rather he wanted to claim that it is an inextricable facet of right to live with dignity. Laws of other countries were also referred.

The respondent in counter referred to the 241st report of the Law Commission on the Medical Treatment of Terminally ill Patients( Protection of Patients and Medical Practitioners) Bill 2006, where the Ministry of Health and Family Welfare didn't permit in the favour of euthanasia. They also stated that Right to Life with dignity under Article 21 means the availability of food, shelter, health and does not include the right to die with dignity. They also stated that it's the State's primary duty to save a life and introducing them to die with dignity would somehow affect the basic rights of the Constitution.

The SC while analyzing the fact of the cases looked back in history and referred to P.Rathinam's Case where the Court declared Section 309 of IPC ultra vires. In 1996 the Supreme Court in Gian Kumar v State of Punjab held both euthanasia and assisted suicide not lawful in India. The Court held that the right to live with dignity under Article 21 of the Constitution does not include right to die. In 2011, in Aruna Ramchandra Shanbaung v Union of India and others, the Supreme Court held passive euthanasia can be allowed under exceptional circumstances under strict monitoring. In 2014, a three bench judge of the Supreme Court turned the judgment in the Aruna Shanbaug case to be inconsistent in itself and referred the issue to five-judge Constitutional Bench.

The Supreme Court also analyzed the right of self-determination and individual autonomy. The Supreme Court after referring several previous cases stated that it had been observed a terminal ill patient with the capacity to consent have a common law right to refuse medical treatment and right of self-termination. The Supreme Court also added that the doctors are bound by the will of the patient and the illness of the patient should be incurable and there should be no hope of being cured. 

The Supreme Court also looked into social morality, medical ethically and State Interest aspect. The SC stated that at times society might put questions on the oath of doctors that they are not trying to save lives and also the family members of the patient might feel hesitant to perform euthanasia. And on this, the Court stated that if the right to die with dignity comes under Article 21, the social perception would change. In another aspect, the SC took into consideration the submission of States. The State stated that the State must save a life. On this SC opined that in such situation some struct guidelines could be framed but the right to die with dignity cannot be curbed from being the facet of Article 21. The Court also distinguished between Active and Passive Euthanasia. Active Euthanasia means to actively end life and passive euthanasia means when a person can not live without medical support and the patient is in PVS state, the doctor on request withdraws the support.

Finally, The SC gave the judgment that the right to die with dignity is a fundamental right. They further stated that passive euthanasia would be permitted to only those who are terminally ill or in PVS state. SC also permitted the preparation of a living will or advance directories for passive euthanasia. Regarding living will, the SC had set out guidelines, and in cases where a living will not be made the family members or next friend of the patient can do so following the guidelines set out by SC.

 

 

 


Document:


Courtesy/By: Smaranika Sen  |  19 Nov 2020     Views:159

News Updates

Jharkhand administration and the media receive dir...
22 Jan 2021     Views:39
Gujarat High Court orders immediate release of arr...
21 Jan 2021     Views:34
Perjury proceedings can be instituted upon complai...
21 Jan 2021     Views:35
No Unnecessary Adjournments Should be Allowed: All...
21 Jan 2021     Views:47
Bombay High Court rejects appeal by Sonu Sood seek...
21 Jan 2021     Views:46
A Judge Should Not Make Mistakes Due to Haste: All...
21 Jan 2021     Views:50
Review petitions challenging Aadhaar verdict dismi...
21 Jan 2021     Views:49
Supreme Court Issues Notice In The Petition Filed ...
20 Jan 2021     Views:43
Allahabad High Court Seeks Response Of UP Govt & N...
20 Jan 2021     Views:49
Father-son relation does not confer fundamental ri...
20 Jan 2021     Views:41
Karnataka High Court Issues New SOP: Advocates to ...
20 Jan 2021     Views:50
Relief under Probation of Offenders Act is not exc...
20 Jan 2021     Views:58
Bombay HC Rejects Republic TV's Contention ...
20 Jan 2021     Views:55
Andhra Pradesh High Court Quashes FIR in Connectio...
20 Jan 2021     Views:63
Applicability of Notification on Increased IBC Thr...
19 Jan 2021     Views:71
Hindu Sena chief files complaint in Patiala House ...
19 Jan 2021     Views:38
Petition to Squash Complaint Under Sec.482 Of CRPC...
19 Jan 2021     Views:77
Promotion on the basis of Educational Qualificatio...
19 Jan 2021     Views:73
SCBA asks Law Minister Ravi Shankar Prasad to gran...
19 Jan 2021     Views:56
Interim Protection Granted To Man Who Called CM Yo...
19 Jan 2021     Views:75
Allahabad High Court quashes non-compoundable case...
18 Jan 2021     Views:65
The High court of Tripura refused to entertain the...
18 Jan 2021     Views:56
Supreme Court holds compensation can only be provi...
18 Jan 2021     Views:69
Read Supreme Court Judgements on Anticipatory Bail...
18 Jan 2021     Views:62
Delhi HC issues notice on petition challenging Ins...
18 Jan 2021     Views:56
Petition before the Supreme Court challenges All-I...
18 Jan 2021     Views:90
Person unable to find a surety can take benefit of...
18 Jan 2021     Views:61
Delhi High Court Stays Mohit Saraf's Termination F...
18 Jan 2021     Views:65
If The Parties Agrees To Admit To Talaq Without An...
18 Jan 2021     Views:47
Patients cannot be deprived of treatment due to ex...
18 Jan 2021     Views:73
Seventeen Sub Judges Appointed as District Judges ...
18 Jan 2021     Views:54
State of Gujarat liable to pay Rs.25,000 for its i...
17 Jan 2021     Views:52
A Person Can Be Discharged on Bail Under Sec. 445 ...
17 Jan 2021     Views:85
MP High Court Adjourns Hearing In Comedian Munawar...
17 Jan 2021     Views:57
Notice Issued By Delhi High Court To The Center In...
17 Jan 2021     Views:53
Calcutta High Court Issues Contempt Notice To The ...
17 Jan 2021     Views:177
Delhi High Court Allows Reopening of Spas, Wellnes...
17 Jan 2021     Views:44
WhatsApp messages to hold evidentiary value only u...
17 Jan 2021     Views:73
FIR Registered Against Over 10 People For Compromi...
17 Jan 2021     Views:67
Delhi HC hikes amount of compensation to parents o...
17 Jan 2021     Views:67
Committee Constituted By Calcutta High Court To En...
16 Jan 2021     Views:36
Advance paid to property owner by real-estate deve...
16 Jan 2021     Views:38
Karnataka High Court Directs Govt To Reconsider Ci...
16 Jan 2021     Views:38
High Court of Punjab and Haryana Orders for Allowi...
16 Jan 2021     Views:38
Karnataka High Court seeks information regarding ...
16 Jan 2021     Views:46
Kerala HC orders the state to consider the grievan...
16 Jan 2021     Views:39
BSES-RPL liable for damages not on basis of proof ...
16 Jan 2021     Views:79
Reconsider decision to physical hearing: Letter to...
16 Jan 2021     Views:66
Disclosure of interest in the information sought u...
16 Jan 2021     Views:89
Stay Order Issued Against GST Notice Served on Adv...
16 Jan 2021     Views:83
Karnataka Government directed to reconsider circul...
15 Jan 2021     Views:67
Writ jurisdiction cannot be utilized by a litigant...
15 Jan 2021     Views:39
Delhi HC issues notice on a plea on non-implementa...
15 Jan 2021     Views:36
Whether an arbitrator appointed by a person who is...
15 Jan 2021     Views:48
Karnataka District Courts to resume normal functio...
15 Jan 2021     Views:56
Constitutional Rights is at Stake: Kerala HC on De...
15 Jan 2021     Views:60
Same gender sexual harassment cases maintainable u...
15 Jan 2021     Views:89
The Delhi High Court issues notice in petition reg...
15 Jan 2021     Views:71
The state is not ready to deal with the demographi...
15 Jan 2021     Views:71
Mandatory investigation of all custodial deaths: N...
15 Jan 2021     Views:71
Accused should be subjected to blood test or breat...
15 Jan 2021     Views:79
Order Terminating Arbitration Proceedings Under Se...
15 Jan 2021     Views:90
Allahabad High Court tells UP government to come u...
15 Jan 2021     Views:101
Cannot Maintain Writ Petition Against Purely Priva...
14 Jan 2021     Views:68
Plea seeking live streaming of open court proceedi...
14 Jan 2021     Views:44
Calcutta High Court : Have the power to set aside ...
14 Jan 2021     Views:71
11 Benches of the Delhi High Court to resume physi...
14 Jan 2021     Views:53
The prudent citizen should abide by the order of t...
14 Jan 2021     Views:50
Parking facilities in malls liable to pay service ...
14 Jan 2021     Views:122
Madras High Court indicates close nexus between ri...
14 Jan 2021     Views:72
SEBI Boycotts Anchor Hemant Gahi, His Wife And His...
14 Jan 2021     Views:166
Supreme Court registers Suo moto case on “Remed...
14 Jan 2021     Views:255
Mandatory publication of notice inviting objection...
14 Jan 2021     Views:66
Directions issued towards timely service of notic...
13 Jan 2021     Views:57
Delhi HC allows termination of pregnancy after 20 ...
13 Jan 2021     Views:49
Andhra Pradesh High Court Suspends Schedule For Lo...
13 Jan 2021     Views:62
Delhi High Court Upholds The Constitutionality Of...
13 Jan 2021     Views:60
Progress in Sonu Sood's Plea Against BMC Notice: B...
13 Jan 2021     Views:52
Supreme Court Dismisses The Plea Against The High ...
13 Jan 2021     Views:64
Central Government notifies establishment of Natio...
13 Jan 2021     Views:83
Criminal liability of non-political executives can...
13 Jan 2021     Views:56
Rs. 20,000 Costs Imposed on Defendant who Cited th...
13 Jan 2021     Views:60
Notice issued to centre by Karnataka HC on plea ch...
13 Jan 2021     Views:179
Supreme Court refuses to entertain special leave p...
13 Jan 2021     Views:67
Sexual harassment on digital platform constitutes ...
13 Jan 2021     Views:71
SC refuses to set aside conviction, life term of 7...
13 Jan 2021     Views:53
SC directs demolition of a hotel-cum-restaurant in...
12 Jan 2021     Views:59
Delhi HC quashes GST order to attach bank account ...
12 Jan 2021     Views:52
CBDT declines extension of due dates for filing re...
12 Jan 2021     Views:57
Calcutta High Court imposes cost on defendant for ...
12 Jan 2021     Views:57
The Counter Affidavit Filed In The Supreme Court B...
12 Jan 2021     Views:57
Allahabad High Court to Decide on Plea for Relaxat...
12 Jan 2021     Views:60
Stay on Kerala HC’s order of setting aside the a...
12 Jan 2021     Views:52
High Court arrest should be the last option and sh...
12 Jan 2021     Views:78
Delhi HC issues notice on plea seeking child marri...
12 Jan 2021     Views:58
India proposes a Pre-packaged Insolvency Resolutio...
12 Jan 2021     Views:88
NCLT allows Josco to reduce share capital structur...
12 Jan 2021     Views:68
Kerala High Court Unhappy With DOC's Enquiry Into ...
12 Jan 2021     Views:69
Supreme Court acquits accused on death row, deems ...
12 Jan 2021     Views:71
Non-payment of Stamp duty on commercial contract d...
12 Jan 2021     Views:85
FIND A LAWYER




FIND A LAW SCHOOL



Most Read News Articles

  • Misusing Religion for Electoral Gains: PIL in SC for Action against Parties, Candidates
    On 31 May 2018    Views:11967
  • Bci Directs To Supply Of The Details Of Every Practising Advocate As Per The Format Required By The E-committee Of The Supreme Court Of India.
    On 01 Aug 2020    Views:11239
  • DOCTRINE OF ELECTION UNDER TRANSFER OF PROPERTY ACT, 1882
    On 08 Jul 2020    Views:10676
  • Lalman Shukla v Gauri Dutt
    On 22 Jul 2020    Views:10231
  • Sabrimala Verdict (28 sept 2018) - A End of Taboo.
    On 07 Oct 2020    Views:7766
View all >>

Propertified Propertified Propertified Propertified Propertified Propertified Propertified Propertified Propertified

86540

Lawyers Network

103860

Users

630

Cities Serving

114

Law Schools Network

59824

Law Students Network

About us

  • Company Profile
  • Demo My Legal Assistant
  • Demo My Legal Secretary

Indian Major Laws

  • Indian Constitution
  • IPC
  • CrPC
  • CPC
  • Companies Act
  • Indian Evidence Act
  • CGST Act
  • Limitation Act

Policies

  • Terms of Use
  • Privacy Policy
  • Refund & Cancellation

    Ads & Media

  • Resource Sharing
  • Advertiser(Sign Up/Login)
  • Media

    Careers

  • Internships
  • Jobs
  • Campus Ambassadors
  • Student Journalists

    HELP & SUPPORT

  • Contact Us
  • Grievances
  • Test

News

  • Legal News
  • Post Article
  • Post Interview

Legal Library

  • Central Acts
  • Deeds Drafts [1122 ]
  • Legal Maxims

Connect

 

  •  
  •  
DISCLAIMER
Copyright © Lawsisto Private Limited. All rights reserved.
Unless otherwise indicated, all materials on these pages are copyrighted by Lawsisto Private Limited. All rights reserved. No part of these pages, either text or image may
be used for any purpose. By continuing past this page, you agree to our Terms of Service, Cookie Policy, Privacy Policy and Content Policies.