Article 21 and the Right to Die with Dignity
Article 21 of the Constitution guarantees the right to life and personal liberty. The Supreme Court has progressively expanded its ambit. In P. Rathinam v. Union of India (1994), the Court held that the right to life includes the right not to live, but this was overruled in Gian Kaur v. State of Punjab (1996) by a five-judge bench, which held that Article 21 does not include the right to die but does protect the right to live with dignity — including the right to a dignified death. Common Cause (2018) built on this to allow passive euthanasia and advance directives (living wills).
- Article 21: "No person shall be deprived of his life or personal liberty except according to procedure established by law"
- Gian Kaur v. State of Punjab (1996): five-judge bench; right to die is NOT part of Article 21; but right to live with dignity is
- Common Cause v. UoI (2018): five-judge bench; recognised right to die with dignity; permitted passive euthanasia; validated advance medical directives (living wills)
- Aruna Shanbaug v. UoI (2011): two-judge bench; first recognition of passive euthanasia; laid down procedure through High Court under Article 226
● Tracked since March 11, 2026 · last seen March 24, 2026 · updates as the daily brief publishes
See it in today’s brief.
Daily current affairs with every static concept explained in place.
Read the daily brief