Common Cause v. Union of India (2018) – Passive Euthanasia and Living Wills

The Common Cause case tackled one of the most sensitive ethical and legal questions: Should individuals have the right to die with dignity when facing terminal illness and suffering?

The Supreme Court, in a historic ruling, recognized the right to die with dignity as part of the right to life under Article 21. The Court legalized passive euthanasia, allowing withdrawal of life support in certain cases, and also upheld the validity of “living wills”—documents through which individuals can express their wish to refuse life-prolonging treatment in the event of terminal illness or incapacity.

This decision was groundbreaking, as it acknowledged that the right to life includes the right to live with dignity, and that dignity must extend to the end of life as well. The Court carefully laid down safeguards to ensure that passive euthanasia and living wills are not misused, balancing compassion with caution.

At Mullick & Co. Advocates, we view this case as a remarkable evolution of Article 21 jurisprudence. It shows how law can be humane, addressing not just rights in life but also rights at the end of life. Our firm continues to engage with such transformative rulings to help clients navigate complex legal and ethical issues.