1.Supreme Court Passive Euthanasia Case (Right to Die)
What & Where
Euthanasia = intentional, painless death to end incurable suffering; Active (direct act) vs Passive (withdraw treatment).
India: Active banned; Passive allowed by Supreme Court under Article 21 “right to die with dignity”.
Procedure: Two-stage Medical Boards; 2023 order trims specialist experience to 5 yrs, fixes 48-hr decision window.
Quick Facts for MCQs
Legal & Policy
- Judgments: Dubal 1987, Gian Kaur 1996, Aruna 2011, Common Cause 2018 shape current position.
- Statute: Bharatiya Nyaya Sanhita deems intentional death culpable homicide/murder.
- Autonomy: SC extends “die with dignity” within Article 21 framework.
Procedure & Safeguards
- Boards: Primary hospital; Secondary district nominee; both three-member post-2023.
- Experience: Requirement cut from twenty to five years to widen specialist pool.
- Timeline: Collector forwards Secondary report; overall clearance needed before withdrawal.
International Examples
- Full permit: Netherlands, Belgium, Luxembourg, Spain, Quebec, Australian states.
- Switzerland: Allows assisted suicide by laypersons; bans active euthanasia.
- Passive only: Sweden, France; Italy recognises refusal of treatment.
Ethical Concerns
- Autonomy vs sanctity: Mill–Bentham liberty clashes with Kantian duty to preserve life.
- Misuse risk: Elderly, disabled, poor may face subtle coercion.
- Competency doubts: Limited psychiatric capacity to detect depression or pressure.
Key Data Points
| Feature | Data-Point |
|---|---|
| Governing Article | Article 21, Right to Life & Dignity |
| Active euthanasia status | Illegal; BNS 2023 §100/101 |
| Passive euthanasia status | Permitted (Aruna 2011; Common Cause 2018) |
| Living will validity | Recognised by SC, 2018 |
| Primary Board composition | Dept Head + 3 specialists |
| Specialist experience (post-2023) | Minimum 5 years |
| Board opinion deadline | 48 hours each |
| Case under hearing | Harish Rana v UoI 2025 |
| Countries allowing both E & PAS | Netherlands, Belgium, Luxembourg, Spain, Quebec, parts Australia |
| Gian Kaur 1996 holding | No fundamental right to die |








