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 25.06.2002, the petitioner-Society had written letters to the Ministry of Law, Justice and Company Affairs and the Ministry of Health and Family Welfare with a similar prayer as in this writ petition. Concurrently, the petitioner also wrote letters to the State Governments in this regard, as hospitals come within the jurisdiction of both the State Governments and the Union of India.

3) In the above said communication, the petitioner had emphasized the need for a law to be passed which would authorize the execution of the ‘Living Will & Attorney Authorization’. Further, in the second letter, the petitioner-Society particularly relied on the decision of this Court in GianKaur vs. State of Punjab (1996) 2 SCC 648 to support its request. Since no reply has been received, the petitioner-Society has preferred this writ petition.

4) Heard Mr. Prashant Bhushan, learned counsel for the petitioner-Society, Mr. Sidharth Luthra, learned Additional Solicitor General for the Union of India and Mr. V.A. Mohta, learned Senior Counsel and Mr. Praveen Khattar, learned counsel for the intervenors.

Contentions:

5) According to the petitioner-Society, the citizens who are suffering from chronic diseases and/or are at the end of their natural life span and are likely to go into a state of terminal illness or permanent vegetative state are deprived of their rights to refuse cruel and unwanted medical treatment like feeding through hydration tubes, being kept on ventilator and other life supporting machines, in order to artificially prolong their natural life span. Thus, the denial of this right leads to extension of pain and agony both physical as well as mental which the petitioner-Society seeks to end by making an informed choice by way of clearly expressing their wishes in advance called “a Living Will” in the event of their going into a state when it will not be possible for them to express their wishes.

6) On the other hand, Mr. Sidharth Luthra, learned Additional Solicitor General submitted on behalf of the Union of India that as per the Hippocratic Oath, the primary duty of every doctor is to save lives of patients. A reference was made to Regulation 6.7 of the Indian Medical Council (Professional Conduct, Etiquette and Ethics) Regulations 2002, which explicitly prohibits doctors from practicing Euthanasia. Regulation 6.7 reads as follows:-

“Practicing euthanasia shall constitute unethical conduct. However, on specific occasion, the question of withdrawing supporting devices to sustain cardiopulmonary function even after brain death, shall be decided only by a team of doctors and not merely by the treating physician alone. A team of doctors shall declare withdrawal of support system. Such team shall consist of the doctor in charge of the patient, Chief Medical Officer/Medical