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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.
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Petition dismissed; the Court held that passive euthanasia can be permitted in India under strict safeguards: decisions to discontinue life support for an incompetent person may be taken by parents, spouse, other close relatives, treating doctors or a next friend but such decisions require prior approval of the appropriate High Court under Article 226, which must follow the prescribed procedure (two-Judge Bench, independent three-doctor committee, notice to State and relatives/next friend, reasoned decision based on the patient's best interest). The Court found the petitioner (Aruna Shanbaug)…
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ARUNA RAMCHANDRA SHANBAUG versus UNION OF INDIA AND ORS .
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Section 309 of the Indian Penal Code is unconstitutional as it violates Article 21; it is void. Attempted suicide is not against public policy, religion or morality; it has no baneful effect on society and causes no harm to others. State interference with personal liberty is unjustified in cases of attempted suicide.
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