<i>Common Cause (A Regd. Society) v. Union of India</i> [2018] INSC 223: End-of-life care in India

The discourse on the right to die and end-of-life care autonomy, advocating for a dignified and humane end, has gained significant traction globally, including in India. Emphasizing individual choice and autonomy, this debate spans various health spectrums as individuals seek control over their deaths to avoid unnecessary suffering and alleviate family burdens, particularly in intensive care unit settings. However, concerns about potential abuse and the need for stringent safeguards if passive euthanasia, that is withdrawal and withholding of life support, were legalized have emerged, especially regarding the medical profession’s role and individual vulnerability. In India, where end-of-life legal frameworks are evolving, the Supreme Court recognized the right to die with dignity as a fundamental right (it only includes the right to refuse treatment) under Article 21 of the Constitution. This commentary will critically examine the landmark judgement in line with end-of-life care in India to argue that while the judgement is progressive in principle, it does not go far enough in procedural simplification.