Open Access Research Article
DIGNITY AT THE THRESHOLD OF DEATH: PASSIVE EUTHANASIA, ADVANCE MEDICAL DIRECTIVES AND THE EVOLVING CONSTITUTIONAL JURISPRUDENCE OF THE RIGHT TO DIE WITH DIGNITY IN INDIA
Abstract
Abstract
Passive euthanasia, the lawful
withholding or withdrawal of life-sustaining treatment, sits between the
constitutional guarantee of life and personal liberty under Article 21 and the
criminal law’s ban on intentionally hastening death. This article traces the
Indian judicial path from Gian Kaur (1996)
and Aruna Shanbaug (2011) through Common Cause (2018), its 2023 procedural
modification, and Harish Rana v. Union of
India (2026). In Harish Rana, the
Supreme Court for the first time applied the framework in full and permitted
withdrawal of clinically assisted nutrition and hydration from a patient in a
permanent vegetative state. Using doctrinal and comparative methods, the
article argues that Indian law has moved from recognising a right to die with
dignity in principle to operationalising it in practice, yet the machinery
still rests on judge-made guidelines rather than legislation. Three problems
remain unresolved: the reach and evidentiary discipline of the “best interests”
standard for patients without an advance directive; the tension between
dignity-based reasoning and disability rights; and the lack of palliative-care infrastructure and statutory protection for practitioners. The article
closes by proposing the core elements of a comprehensive end-of-life care
statute.
Published Paper
Author Details
Authors: AKRITI SINGH
Registration ID: 1013229 | Published Paper ID: IJLRA13229
Year: Sep-2026 | Volume: 3 | Issue: 6
Approved ISSN: 2582-6433 | Country: Delhi, India
Page No.: 1673-1690
Article Information
DIGNITY AT THE THRESHOLD OF DEATH: PASSIVE EUTHANASIA, ADVANCE MEDICAL DIRECTIVES AND THE EVOLVING CONSTITUTIONAL JURISPRUDENCE OF THE RIGHT TO DIE WITH DIGNITY IN INDIA
Authors: AKRITI SINGH
- Journal IJLRA
- ISSN 2582-6433
- Volume 3
- Issue 6
About Journal
International Journal for Legal Research and Analysis
- AbbreviationIJLRA
- ISSN2582-6433
- AccessOpen Access
- LicenseCC 4.0
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