Passive Euthanasia after Common Cause vs Union of India Constitutional Transformations in End-of-Life Decision Making

Abstract

The concept of passive euthanasia was introduced in India through the historic judgment of Common Cause v. Union of India, which brought about a significant shift in the landscape of end-of-life decisions and patient autonomy in the country. The ruling broadened the interpretation of Article 21 of the Constitution, which guarantees the right to life and the right to die with dignity under certain, restricted and regulated conditions. It legalized passive euthanasia and acknowledged the validity of the advance medical directives or living wills, thus establishing a precedent in favor of the withdrawal or withholding of life-sustaining treatment from terminally ill patients. This is a change from the state-centered approach to life preservation to a patient-centered approach based on dignity, autonomy, privacy and informed consent. Through an analysis of judicial rulings, ethical challenges and international practices, the Constitutional basis of passive euthanasia in India is critically examined. It also highlights the functions of medical practitioners, safeguards to be taken and the ongoing difficulties in enforcing the directive issued by the Supreme Court. In addition, the study assesses the individual liberty versus the state's interest in preserving life, and the changing nature of the relationship between constitutional morality, medical ethics and human rights jurisprudence. The paper's key findings are that the judgment moves towards a more compassionate approach to healthcare governance and dignified end of life treatment in the Indian constitutional context.