The Constitution Bench of the Supreme Court in Gian Kaur's case held that the right to life, including the right to live with human dignity, encompasses the existence of such a right up to the end of natural life, which also includes the right to a dignified life up to the point of death, including a dignified procedure of death. This right was deemed to be part of the fundamental right enshrined under Article 21 of the Constitution, which we also reiterate. We hold that the Constitution Bench did not express a binding view on the subject of euthanasia.

However, the Constitution Bench noted a distinction between cases where a physician decides not to provide, or to discontinue providing, treatment and care that could or might prolong a patient's life, and cases where a physician decides to administer a lethal drug, even with the intention of relieving the patient from pain and suffering. The latter was held not to be covered under any right flowing from Article 21.

The law of the land, as it exists today, is that no one, including a physician, is permitted to cause the death of another person by administering any lethal drug, even if the objective is to relieve the patient from pain and suffering. An adult human being of sound mind is fully entitled to refuse medical treatment or to decide not to take medical treatment and may choose to embrace death in a natural way.

The right of a patient who is competent to express their views cannot fall outside the scope of Article 21 of the Constitution of India. We are also of the opinion that, in cases involving incompetent patients who are unable to make an informed decision, the "best interest" principle should be applied. Such decisions should be made by specified competent medical experts and implemented after providing a cooling-off period to allow any aggrieved person to approach a court of law.

The right to execute an advance directive by an individual does not depend on any recognition or legislation by the state. We are of the considered opinion that such a right can be exercised by an individual in recognition and affirmation of their right to bodily integrity and self-determination.

Written By: S Kundu & Associates
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