P. SATHASIVAM, RANJAN GOGOI, SHIVA KIRTI SINGH
Common Cause (A Regd. Society) – Appellant
Versus
Union of India – Respondent
No procedure for registering a "Living Will" (also referred to as "my living will & Attorney authorization") is laid down or mandated in the document. The writ petition seeks a declaration that the right to die with dignity is part of the right to live with dignity under Article 21, along with directions for suitable procedures (in consultation with State Governments) to enable terminally ill or deteriorated health persons to execute such a document for presentation to hospitals in cases of serious illness threatening life termination. (!) Alternatively, it requests guidelines or an expert committee (doctors, social scientists, lawyers) to study and issue guidelines on execution. (!)
The Union of India opposed, citing medical regulations prohibiting euthanasia (with limited exceptions for withdrawing support post-brain death by a doctor team). (!) (!) The court noted inconsistent judicial opinions on euthanasia validity and procedures, emphasizing the need for clear law reflecting social, legal, medical, and constitutional perspectives. (!) (!) Accordingly, the matter is referred to a Constitution Bench for authoritative opinion and exhaustive guidelines, without framing specific questions. (!) (!) (!) No binding process for execution or registration exists in this judgment. (!) (!)
Judgment :-
P. Sathasivam, CJI.
1) This writ petition, under Article 32 of the Constitution of India, has been filed by Common Cause-a Society registered under the Societies Registration Act, 1860 engaged in taking up various common problems of the people for securing redressal, praying for declaring ‘right to die with dignity’ as a fundamental right within the fold of ‘right to live with dignity’ guaranteed under Article 21 of the Constitution and to issue direction to the respondent, to adopt suitable procedures, in consultation with the State Governments wherever necessary, to ensure that the persons with deteriorated health or terminally ill should be able to execute a document, viz., ‘my living will & Attorney authorization’ which can be presented to hospital for appropriate action in the event of the executant being admitted to the hospital with serious illness which may threaten termination of life of the executant or in the alternative, issue appropriate guidelines to this effect and to appoint an Expert Committee consisting of doctors, social scientists and lawyers to study into the aspect of issuing guidelines regarding execution of ‘Living Wills’.
2) On 19.06.2002 and 25.06
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