COMMON CAUSE (A REGD. SOCIETY) versus UNION OF INDIA

COMMON CAUSE (A REGD. SOCIETY) versus UNION OF INDIA

The Court, having considered practical difficulties in implementation, held that the directions contained in paragraphs 198 to 199 of the 2018 Common Cause judgment required modification/deletion as indicated in the Order, directed circulation of the Order to High Courts and Health Secretaries for implementation, and disposed of the miscellaneous application seeking clarification.

Parties
Petitioner: Common Cause (A Registered Society); Respondent: Union of India
Jurisdiction
India
Judgment Date
24 January 2023
Procedural Posture
Writ Petition (civil) No. 215 of 2005; Miscellaneous Application No. 1699 of 2019 / Miscellaneous Application for Clarification Disposed of
Outcome
Miscellaneous application disposed of; directions in paragraphs 198 to 199 modified/deleted as indicated in the Order
Legal Topics
Right to Die With Dignity, Advance Directives, Withdrawal of Life Support, End of Life Care
Constitution of India Medical Law Human Rights Right to Die With Dignity Advance Directives Withdrawal of Life Support End of Life Care

Case Brief

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Parties

Common Cause (A Registered Society)

Petitioner

Union of India

Respondent

Procedural Posture

Writ Petition (civil) No. 215 of 2005; Miscellaneous Application No. 1699 of 2019 / Miscellaneous Application for Clarification Disposed of

Legal Issues

  1. 1 Whether Advance Medical Directives should be recognized and given effect
  2. 2 Whether withdrawal of life support is permissible in the absence of an Advance Directive where there is no hope of recovery
  3. 3 What safeguards and procedures are required for recording and giving effect to Advance Directives and for withdrawal/refusal of treatment

Ratio Decidendi

The Court, having considered practical difficulties in implementation, held that the directions contained in paragraphs 198 to 199 of the 2018 Common Cause judgment required modification/deletion as indicated in the Order, directed circulation of the Order to High Courts and Health Secretaries for implementation, and disposed of the miscellaneous application seeking clarification.

Court Disposition

Miscellaneous application disposed of; directions in paragraphs 198 to 199 modified/deleted as indicated in the Order

Orders

  • Directions contained in paragraphs 198 to 199 of the Common Cause (2018) judgment modified/deleted as indicated in this Order
  • Registry to communicate a copy of this Order to Registrar Generals of all the High Courts