Common Cause v. Union of India (2018) – Legalizing Passive Euthanasia and Affirming the Right to Die with Dignity under Article 21
Introduction The Supreme Court of India’s judgment in Common Cause v. Union of India (2018) marked a watershed moment in Indian constitutional jurisprudence. This case, decided under Article 21 – the Right to Life and Personal Liberty , legalized passive euthanasia and affirmed that the right to die with dignity is an essential facet of the right to life. The Court’s interpretation significantly advanced personal autonomy, self-determination, and human dignity in end-of-life care. Case Background The non-profit organization Common Cause filed a petition before the Supreme Court seeking legal recognition of: Passive euthanasia (withdrawing medical treatment or life support for terminally ill patients). The legality of living wills or advance directives allowing individuals to state their wishes for end-of-life care in advance. The petitioner argued that denial of passive euthanasia violated the right to die with dignity , an integral component of Article 21 of the Con...