Common Cause (A Regd. Society) v. Union of India
Common Cause (A Regd. Society) v. Union of India (2018) held that Right to die with dignity is a fundamental right under Article 21
Citation: AIR 2018 SC 1665
Case at a Glance
Summary
This landmark judgment by a five-judge Constitution Bench recognized the right to die with dignity as a fundamental right and legalized 'living wills' or Advance Medical Directives in India. Common Cause, an NGO, filed a PIL seeking recognition of the right to refuse life-prolonging medical treatment. The Court held that the right to live with dignity under Article 21 includes the right to die with dignity. It permitted terminally ill patients to execute Advance Medical Directives specifying their wish to refuse treatment in case of terminal illness or permanent vegetative state. The judgment laid down detailed guidelines for executing living wills, requiring attestation by a notary, approval by medical boards, and judicial oversight. These guidelines were simplified by the Supreme Court in 2023 to make the process more accessible.
