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

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

Due to inconsistent opinions and the importance of the legal question, the matter concerning the right to die with dignity and provisions for living wills is referred to a Constitution Bench for authoritative decision.

Parties
Petitioner: Common Cause (A Regd. Society); Respondent: Union of India; Intervenor: V.A. Mohta; Intervenor: Praveen Khattar
Jurisdiction
India
Judgment Date
25 February 2014
Procedural Posture
Writ Petition (civil) No. 215 of 2005 / Order Referring Matter to Constitution Bench
Outcome
Matter referred to Constitution Bench.
Legal Topics
Right to Die With Dignity, Euthanasia, Living Will, Passive Euthanasia, Article 21, Article 32
Constitutional Law Medical Law Right to Die With Dignity Euthanasia Living Will Passive Euthanasia Article 21 Article 32

Case Brief

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Parties

Common Cause (A Regd. Society)

Petitioner

Union of India

Respondent

V.A. Mohta

Intervenor

Praveen Khattar

Intervenor

Procedural Posture

Writ Petition (civil) No. 215 of 2005 / Order Referring Matter to Constitution Bench

Legal Issues

  1. 1 Whether 'right to die with dignity' is a fundamental right under Article 21 of the Constitution of India
  2. 2 Whether provision for 'living will and Attorney authorization' should be made to exercise right to refuse unwarranted medical treatment
  3. 3 Validity and procedure of passive euthanasia in India

Ratio Decidendi

Due to inconsistent opinions and the importance of the legal question, the matter concerning the right to die with dignity and provisions for living wills is referred to a Constitution Bench for authoritative decision.

Court Disposition

Matter referred to Constitution Bench.

Orders

  • Matter referred to Constitution Bench for authoritative opinion on all aspects related to right to die with dignity, living will, and passive euthanasia.