Case Commentary – COMMON CAUSE (A REGD. SOCIETY) VERSUS UNION OF INDIA
S.SRINIDHI
Student of SAVEETHA SCHOOL OF LAW, SAVEETHA INSTITUTE OF TECHNICAL AND MEDICAL SCIENCES, CHENNAI.
Best Citation – S.SRINIDHI, Case Commentary – COMMON CAUSE (A REGD. SOCIETY) VERSUS UNION OF INDIA, 2 (5) & 16 of 2022, IJLR.
Common Cause, a registered group, filed this petition in an effort to have Article 21 of the Constitution interpreted to include both the right to live and die with dignity. It also requested instructions for the State to create suitable policies that would let people with declining health or terminal illnesses to execute living wills or advance medical directives. The Court determined that the right to a dignified death falls under Article 21 after carefully examining domestic and international precedent, including the ruling in K.S. Puttaswamy & Anr. vs. Union of India & Ors. ((2017) 10 SCC 1). A number of obviously clear effects would surely result from the recognition of human autonomy as a component of Article 21. In the recent case of Common Cause (A Regd. Society) v. Union of India, the Apex Court upheld the right of citizens to obtain living wills and authorizations from attorneys, which would indicate a person’s decision to stop receiving care if they are terminally ill or in a permanent vegetative state. This decision is an ode to individual autonomy. This paper is aimed at examining the Supreme Court’s order using Article 21 in the case of Common Cause v. Union of India
Keywords: Euthanasia, Right To Life, Right To Die, Indian Constitution, IPC