Legislative Gap
The Need for Parliament to Act
Despite two landmark Supreme Court judgments (Aruna Shanbaug 2011 and Common Cause 2018), India still has no dedicated statutory law on passive euthanasia, advance directives, or end-of-life care. The legal framework has been entirely judge-made.
- The Law Commission of India's 196th Report (2006) had recommended legalising passive euthanasia and advance directives, but Parliament has not acted on it.
- The Medical Treatment of Terminally Ill Patients (Protection of Patients and Medical Practitioners) Bill was drafted but never introduced in Parliament.
- The 2026 Harish Rana bench expressly called on Parliament to legislate, noting that reliance on court-set procedural guidelines creates uncertainty and inconsistency across India's diverse healthcare infrastructure.
- Countries like the Netherlands, Belgium, Canada, and several US states have comprehensive statutory frameworks for end-of-life decisions; India lacks one.
● Tracked since March 11, 2026 · last seen March 11, 2026 · updates as the daily brief publishes
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