VidhiSangh

Supreme Court of India · 09/03/2018

COMMON CAUSE (A REGD. SOCIETY) versus UNION OF INDIA & ANOTHER

[2018] 6 S.C.R. 1 · 2018 INSC 223

AI-generated headnote. Verify against the judgment before relying on it. Paragraph numbers refer to the judgment.

Summary

In its Constitution Bench decision of 9 March 2018, the Supreme Court recognised dying with dignity as part of Article 21 and upheld the legality of withholding or withdrawing futile life-sustaining treatment subject to safeguards. It recognised advance medical directives and prescribed procedures for their execution, verification and implementation, including cases without a directive. The four opinions concurred in the Chief Justice’s directions. This headnote records the original 2018 framework and its constitutional reasoning as delivered.

Issues

  1. Whether dying with dignity and refusal of unwanted medical treatment fall within Article 21.
  2. Whether passive euthanasia and advance medical directives can receive judicial recognition without legislation.
  3. What safeguards should govern directives and withdrawal of life support where the patient cannot decide.
  4. Whether Gian Kaur had conclusively decided euthanasia or required legislation for passive euthanasia.

Provisions considered

Held

Result

Writ petition disposed of without costs in the Chief Justice’s operative order. Constitution Bench recognised protected refusal and withdrawal of life-sustaining treatment and advance medical directives, subject to the original 2018 safeguards and directions pending legislation.

Judgment PDF: Supreme Court of India, [2018] 6 S.C.R. 1.