Open Access Research Article

BEYOND THE LIVING WILL: PALLIATIVE CARE AS INDIA’S MISSING HEALTH-LAW INFRASTRUCTURE

Author(s):
DHRUV GANDHI ANWESH BHOWMICK
Journal IJLRA
ISSN 2582-6433
Access Open Access
Volume 3
Issue 6
DOI https://www.doi-ds.org/doilink/09.2026-25834136/BEYOND THE LIVING WILL: PALLIATIVE CARE AS INDIA
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Abstract

Abstract
Discussions on end-of-life law in India usually focus on whether life-support treatment may be withheld or withdrawn. That question matters, especially after the Supreme Court’s decisions in Common Cause v Union of India. Yet another question comes first, i.e., what care should a patient receive before being asked to choose between further treatment and allowing a natural death? This paper argues for a basic legal guarantee of palliative care. At a minimum, patients with serious illness should receive pain relief, control of other symptoms, clear information, emotional support, proper referral and follow-up at home where needed. India already recognises palliative care in national policy and has eased some rules governing essential pain medicines. However, these steps have not created a clear and enforceable right to care. The paper argues that Article 21 should protect not only a patient’s refusal of burdensome treatment but also access to the care needed for a dignified choice. It proposes simple service standards, district-level responsibility, reliable access to medicines, recorded discussions about care preferences and public monitoring of delivery.

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Author Details

Authors: DHRUV GANDHI & ANWESH BHOWMICK
Registration ID: 1013165 | Published Paper ID: IJLRA13165 & IJLRA13166
Year: Sep-2026 | Volume: 3 | Issue: 6
Approved ISSN: 2582-6433 | Country: Delhi, India
Page No.: 878-889

Article Information

BEYOND THE LIVING WILL: PALLIATIVE CARE AS INDIA’S MISSING HEALTH-LAW INFRASTRUCTURE

Authors: DHRUV GANDHI, ANWESH BHOWMICK

  • Journal IJLRA
  • ISSN 2582-6433
  • Volume 3
  • Issue 6
Citation Download Paper Full Details Search on Google Search on Google Scholar

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International Journal for Legal Research and Analysis

  • AbbreviationIJLRA
  • ISSN2582-6433
  • AccessOpen Access
  • LicenseCC 4.0

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