Judicial Journey of Euthanasia in India

Abstract

Euthanasia has been a concern across the globe for several years, and many countries have legalized it either by way of legislation or by way of judicial pronouncements decades ago. Across the globe, i.e., in several countries, euthanasia was legalized on the grounds that forceful treatment violates the patient’s right to autonomy. However, the concept of euthanasia, though highlighted by the Hon’ble Supreme Court of India in 1996, became legally permissible in a passive manner in the case of Aruna Ramchandra Shanbaug (2011), wherein the court held that the right to live with dignity also includes the ‘right to die with dignity’. Subsequently, the matter relating to euthanasia was referred to a Constitution Bench of the Supreme Court, and in that case, i.e., Common Cause (2018), the court laid down the entire procedure, which has again been modified in 2023. Hence, the objective of this paper is to discuss the journey of euthanasia in India while including within its ambit the types of euthanasia, the difference between active and passive euthanasia, the procedure for administration of euthanasia, and to what extent the court has allowed the same. Further, in this paper, the law relating to euthanasia in India since 1996 until the latest decision rendered in 2023, whereby the guidelines laid down in the Common Cause case (2018) have been modified, will be discussed.