Date: 9 March 2018
Bench Strengh: 5
Dipak Misra, CJI
Number of pages: 538
The instant Writ Petition preferred under Article 32 of the Constitution of India by the petitioner, a registered society, seeks to declare “right to die with dignity” as a fundamental right within the fold of ”right to live with dignity” guaranteed under Article 21 of the Constitution; to issue directions to the respondents to adopt suitable procedure in consultation with the State Governments, where necessary; to ensure that persons of deteriorated health or terminally ill patients should be able to execute a document titled “My Living Will and Attorney Authorisation” which can be presented to the hospital for appropriate action in the event of the executant being admitted to the hospital with serious illness which may threaten termination of the life of the executant; to appoint a committee of experts including doctors, social scientists and lawyers to study into the aspect of issuing guidelines as to the “Living Wills”.
We have laid down the principles relating to the procedure for execution of Advance Directive and provided the guidelines to give effect to passive euthanasia in both circumstances, namely, where there are advance directives and where there are none, in exercise of the power under Article 142 of the Constitution and the law stated in Vishaka v. State of Rajasthan.
The directive and guidelines shall remain in force till the Parliament brings a legislation in the field.
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