Right to Life: A Overview with Respect to Article 21 of the Constitution of India
Same was held in the case of P. Rathinam vs Union of India (1994) by the Supreme court that Right to Life under Article 21 includes Right to Die too. Then in case of Gian Kaur vs Union of India (1996) , the Supreme court overruled its judgement in P. Rathinam case and held that waiver of Fundamental rights is not allowed in the Indian Constitution and strictly rebuked that Right to die is a part of Right to life and upheld the validity of section 306 and 309 of IPC.
And then in 2018 the Supreme court via a petition filed by an NGO ‘Common Cause’ legalised ‘Passive Euthanasia’ and approved ‘Living Will’ to provide terminally ill patients or those in persistent and incurable vegetative state a dignified exit by refusing medical treatment or life support. In the respective case CJI Misra said "And then in 2018 the Supreme court via a petition filed by an NGO ‘Common Cause’ legalised ‘Passive Euthanasia’ and approved ‘Living Will’ to provide terminally ill patients or those in persistent and incurable vegetative state a dignified exit by refusing medical treatment or life support. In the respective case CJI Misra said it is gripping us firmly with its tentacles so that the person 'shall rise up never’ ”
Written by: Jaagatjot Singh,2nd year Law student, Panjab University , Law Intern at S.Bhambri & Associates (Advocates), Delhi