The Supreme Court's recognition of the right to die with dignity under Article 21 marks a progressive interpretation of the right to life. Examine the ethical principles involved and the challenges in its implementation.

Question

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Introduction

The Supreme Court, in cases such as Common Cause (2018), recognised the right to die with dignity as part of Article 21, permitting passive euthanasia and living wills—marking an expansion of the right to life.

Ethical Principles Involved

Autonomy: Respects an individual’s right to make decisions about end-of-life care.
Dignity: Ensures freedom from prolonged suffering and futile medical intervention.
Beneficence: Obliges doctors to act in the best interest of the patient, including relief from suffering.
Non-maleficence: Avoids unnecessary harm caused by life-prolonging but painful treatments.
Sanctity of life vs quality of life: Balances the intrinsic value of life with the conditions of existence.

Legal and Procedural Framework

Recognition of passive euthanasia (withdrawal/withholding of life support).
Validity of advance directives (living wills) with safeguards to prevent misuse.
Guidelines for medical boards and consent procedures.

Challenges in Implementation

Lack of awareness: Limited public understanding of living wills and patient rights.
Medical infrastructure gaps: Hospitals often lack ethics committees and trained personnel.
Procedural complexity: Multiple layers of approval may cause delays in urgent situations.
Risk of misuse: Possibility of coercion or decisions driven by economic or familial pressures.
Cultural and religious sensitivities: Societal preference for preserving life at all costs.
Legal ambiguity: Absence of comprehensive legislation creates uncertainty for doctors.

Way Forward

Simplification of procedures: Streamline guidelines for advance directives.
Legislative backing: Enact a clear law on end-of-life care.
Capacity building: Train medical professionals in palliative care and ethics.
Public awareness: Promote informed decision-making about end-of-life choices.
Safeguards: Strengthen oversight to prevent abuse.

Conclusion

The right to die with dignity reflects a humane and rights-based approach under Article 21, but its realisation depends on institutional readiness, legal clarity, and societal acceptance.

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