Right to Die with Dignity
Article 21 and Common Cause v. Union of India (2018)
Article 21 of the Indian Constitution guarantees the right to life and personal liberty. Through a series of progressive interpretations, the Supreme Court has held that this right encompasses not just the right to live, but the right to live with dignity — and by extension, the right to die with dignity.
In Common Cause v. Union of India (decided March 9, 2018), a five-judge Constitution Bench comprising CJI Dipak Misra and Justices A.K. Sikri, A.M. Khanvilkar, D.Y. Chandrachud, and Ashok Bhushan unanimously recognised the right to die with dignity as a fundamental right under Article 21. The bench also recognised the validity of "Advance Medical Directives" (living wills), by which a competent adult may specify their wishes regarding life-sustaining treatment in anticipation of future incapacity.
- The 2018 judgment held that both passive euthanasia (withholding/withdrawing treatment) and the execution of a living will are legally valid in India.
- Active euthanasia — directly administering a substance to end life — remains illegal under Indian law (IPC Section 302/304).
- The judgment laid down a detailed procedural framework: a medical board must assess the patient, the matter must be placed before a judicial authority, and the High Court must be notified before any withdrawal is carried out.
- The Harish Rana judgment (2026) is considered the first instance of a court directly implementing this 2018 framework by actually sanctioning withdrawal.
● Tracked since March 10, 2026 · last seen March 25, 2026 · updates as the daily brief publishes