Supreme Court Decides On The Issue Of Euthanasia ‘Once Again'

Contrary to popular belief, the recent judgment of the Supreme Court in the case of Common Cause (registered society) v Union of India & Anr¹ (Common Cause), is not the first time that the Supreme Court has grappled with the issue of Euthanasia or has declared in its favour albeit partly. The Division Bench of the Supreme Court in the case of Aruna Ramachandra Shanbaug v Union of India and Ors.² had recognised passive euthanasia in 2011 and had even laid down elaborate procedures to execute the same. However, the judgment was far from satisfactory for the three judge Bench of the Supreme Court, who referred the matter to the Constitutional Bench, stating "considering the important question of law involved which needs to be reflected in the light of social, legal, medical and constitutional perspectives, it becomes extremely important to have a clear enunciation of law" and which in the words of the reference order was for the benefit of humanity as a whole.