Right To Die With Dignity

The "Right to Die with Dignity" is a pivotal legal and ethical concept that has evolved significantly in India's judicial and constitutional framework. Rooted in Article 21 of the Indian Constitution, which guarantees the right to life and personal liberty, this right emphasizes the importance of a dignified existence and, by extension, a dignified end to life. The Supreme Court of India, through landmark judgments such as Aruna Shanbaug v. Union of India (2011) and Common Cause v. Union of India (2018), has recognized this right, shaping the discourse around euthanasia and end-of-life care. This blog explores the constitutional, legal, and human rights perspectives on the right to die with dignity, highlighting its significance in ensuring autonomy and compassion for terminally ill patients.

What Does “Right To Die With Dignity” Means

"Right to Die with Dignity" has emerged as a significant legal and ethical issue in India, particularly in the context of the Indian Constitution. This right is closely associated with Article 21, which guarantees the right to life and personal liberty. The Supreme Court of India has played a pivotal role in interpreting this right through various landmark judgments, shaping the discourse around euthanasia and “Right To Die With Dignity”.

Constitutional Framework

In India, the Constitution guarantees numerous fundamental rights that protect individual freedom, including the right to life and personal liberty under Article 21 of the Indian Constitution. The interpretation of this article has evolved, particularly in the context of the right to die with dignity.

Right to Die with Dignity and Its Relation to Article 21

Article 21 of the Indian Constitution states:

"No person shall be deprived of his life or personal liberty except according to the procedure established by law."

This article is a cornerstone of individual rights in India and has been interpreted broadly by the Supreme Court to encompass various aspects of life and liberty, including the right to live with dignity.

The "Right to Die with Dignity" is closely linked to Article 21, as it extends the interpretation of the right to life to include the right to die in a dignified manner. Here are key points illustrating this relationship:

1. Interpretation of Life: The Supreme Court has interpreted "life" under Article 21 to mean a life with dignity. This interpretation suggests that the quality of life is as important as the mere existence of life itself.
2. Judicial Precedents:
   • In P. Rathinam v. Union of India, (1994) 3 SCC 394, the Supreme Court of India addressed the constitutionality of Section 309 of the Indian Penal Code (IPC), which criminalizes attempted suicide. The Court held that the right to life under Article 21 of the Indian Constitution includes the right to die, asserting that individuals should have the autonomy to choose not to live, particularly in cases of unbearable suffering. This ruling emphasized that punishing individuals who attempt suicide is unconstitutional, as it violates their right to live with dignity, thereby establishing a significant connection between Article 21 and Section 309 of the IPC, which was deemed inconsistent with the fundamental rights guaranteed by the Constitution.
   • In Gian Kaur vs The State Of Punjab on 21 March, 1996 2 SCC 648 , the Supreme Court overruled its earlier judgment in P. Rathinam v. Union of India (1994), which had declared Section 309 of the Indian Penal Code (IPC) unconstitutional by asserting that the right to life under Article 21 includes the right to die. In Gian Kaur, the Court clarified that the right to life does not encompass the right to die, emphasizing that the value of life must be preserved and that the legislative intent behind Section 309 was to prevent suicides and provide support to individuals in distress. Consequently, the Supreme Court upheld the constitutional validity of both Section 306 (abetment of suicide) and Section 309 of IPC, reinforcing the notion that the criminalization of attempted suicide serves a legitimate state interest in protecting life and maintaining public morality
   • In Aruna Ramchandra Shanbaug v. Union of India (2011) the Supreme Court of India recognized the "Right to Die with Dignity" as a derivative of the right to life under Article 21 of the Indian Constitution. The Court allowed for passive euthanasia, permitting the withdrawal of life support for patients in a persistent vegetative state, thereby emphasizing the importance of dignity in end-of-life care. This judgment established guidelines for administering passive euthanasia, marking a significant step towards acknowledging the autonomy of individuals in making decisions about their own lives and deaths.
3. Recognition of Dignity: The Supreme Court, in its judgments, has consistently emphasized that human dignity is an essential part of Article 21. The right to die with dignity is seen as an extension of the right to live with dignity, particularly for terminally ill patients who wish to avoid prolonged suffering.
4. Recent Developments: In Common Cause v. Union of India (2018), the Supreme Court recognized the right to die with dignity as a fundamental right under Article 21, allowing individuals to execute advance medical directives regarding their treatment. This was further modified in 2023 to streamline the process for terminally ill patients, making the right more accessible.

Euthanasia And The Right To Die With Dignity

Euthanasia, often referred to as "mercy killing," is the practice of intentionally ending a person's life to relieve them from suffering, particularly in cases of terminal illness. The concept of the "Right to Die with Dignity" is closely linked to euthanasia, advocating for individuals' autonomy to choose a dignified death rather than endure prolonged suffering. In India, this right has gained legal recognition through significant Supreme Court rulings. Notably, in Common Cause v. Union of India (2018), the Court declared the right to die with dignity as a fundamental right under Article 21 of the Constitution, allowing individuals to execute advance medical directives regarding their treatment in case of incapacitation. This ruling was further refined in 2023 to streamline the process for terminally ill patients, making the right more accessible and emphasizing the importance of dignity in end-of-life decisions

Relation To Human Rights

The concept of the right to die with dignity aligns closely with international human rights norms. The Universal Declaration of Human Rights emphasizes the right to life, liberty, and security, which can be interpreted to include the right to choose a dignified death. Furthermore, various countries have enacted laws permitting assisted dying, reflecting a growing recognition of individual autonomy in end-of-life decisions.

In India, the discussion around the right to die with dignity is not solely a legal battle; it is deeply entwined with societal values, cultural perceptions, and ethical considerations. Many argue that legalizing euthanasia or assisted dying could pave the way for potential misuse, while others advocate for the compassionate treatment of terminally ill patients.

Conclusion

In conclusion, the "Right to Die with Dignity" represents a pivotal aspect of human rights and personal autonomy, acknowledging the need for compassion in end-of-life care. Rooted in Article 21 of the Indian Constitution, this right underscores the importance of living and dying with dignity. While significant legal strides have been made through landmark judgments like Common Cause v. Union of India, the debate continues to evolve, balancing individual autonomy with societal, ethical, and legal considerations. As India progresses, this discourse offers a critical opportunity to uphold dignity, humanity, and respect for personal choice in life's final chapter.

FAQs

Here are some of the most frequently asked questions about the "Right to Die with Dignity" in India:

Q1.What is the "Right to Die with Dignity" in India?

The "Right to Die with Dignity" refers to the legal recognition that individuals have the autonomy to refuse life-prolonging medical treatments, allowing them to pass away naturally without unnecessary suffering. This concept is considered a fundamental component of the right to life under Article 21 of the Indian Constitution.

Q2.Is euthanasia legal in India?

In India, passive euthanasia—withdrawal or withholding of life support—is legal under specific circumstances, following the Supreme Court's judgments in cases like Aruna Shanbaug (2011) and Common Cause (2018). Active euthanasia, involving deliberate actions to end life, remains illegal.

Q3.What is a living will, and how does it relate to the right to die with dignity?

A living will, or advance medical directive, is a legal document in which an individual specifies their preferences for medical treatment in situations where they may be unable to communicate their decisions. In 2018, the Supreme Court of India recognized the validity of living wills, allowing individuals to outline conditions under which they would prefer to refuse life-sustaining treatments, thereby exercising their right to die with dignity.

Q4.What procedures must be followed to withdraw life support for a terminally ill patient in India?

The Supreme Court has established guidelines for withdrawing life support, requiring approval from a medical board and adherence to legal procedures to ensure the decision aligns with the patient's best interests and respects their right to die with dignity.

Q5.How does the right to die with dignity align with human rights in India?

The right to die with dignity is considered an extension of the right to life and personal liberty under Article 21 of the Indian Constitution. It emphasizes individual autonomy and the importance of dying with dignity, aligning with international human rights norms that advocate for personal choice in end-of-life decisions.

Reference

https://cdnbbsr.s3waas.gov.in/s380537a945c7aaa788ccfcdf1b99b5d8f/uploads/2023/05/2023050195.pdf

https://indiankanoon.org/doc/542988/

https://indiankanoon.org/doc/217501/

https://indiankanoon.org/doc/235821/

https://indiankanoon.org/doc/184449972/