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ARTICLE · 14 MARCH 2018

Supreme Court Upholds Passive Euthanasia, Issues Guidelines On Advance Directives In Landmark Judgement

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The judgement has detailed discussions on passive euthanasia in the context of Article 21 of the Constitution.

IndiaGovernment, Public Sector
Ajay Bhargava
Ajay Bhargava
Rony Oommen John
Rony Oommen John
Chandni Anand
Chandni Anand
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 A Constitution Bench of the Hon'ble Supreme Court of India, comprising of the Hon'ble Chief Justice of India, Hon'ble Mr Justice A M Khanwilkar, Hon'ble Mr Justice A K Sikri, Hon'ble Dr Justice  D Y Chandrachud and Hon'ble Mr Justice Ashok Bhushan on 9 March 2018 while deciding a Writ Petition under Article 32 of the Constitution of India, which was referred to it by a three judge bench vide Reference Order dated 24 February 2014, legalised Passive Euthanasia by giving legal sanction to 'Advance Directive' or 'Living Wills'.

The issues broadly addressed by the Hon'ble Supreme Court of India while deciding the reference:

  1. Whether the Right to Live as envisioned as a fundamental right by Article 21 of the Constitution of India (the Constitution) would include within its ambit the Right to Die?

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