Case Comment on Common Cause Vs. Union of India (2018)

  • Kanwaljit Singh
  • Show Author Details
  • Kanwaljit Singh

    Phd Research Scholar at Rajiv Gandhi National University of Law, Punjab, India

  • img Download Full Paper

Abstract

The landmark case of Common Cause vs. Union of India (2018) marked a noteworthy development in the jurisprudence of the right to die with dignity in India. In this case, the Apex Court recognized and upheld the constitutional validity of living wills and passive euthanasia, associating the Indian legal framework with evolving global human rights standards. This research paper provides a detailed commentary on the case, analyzing the ethical considerations, legal reasoning, and its implications on Article 21 of the Indian Constitution. It explores how the judgment strengthens individual autonomy and bodily integrity while balancing state interest and societal morality. The paper also examines the procedural safeguards laid down by the Court to prevent misuse and ensure transparency in the application of passive euthanasia. By reflecting on comparative legal frameworks and bioethical debates, the paper evaluates the broader socio-legal impact of the decision and its contribution to the discourse on end-of-life care in India.

Keywords

  • Common Cause vs. Union of India
  • passive euthanasia
  • living will
  • right to die with dignity
  • Article 21
  • Indian Constitution
  • Supreme Court
  • bioethics
  • end-of-life care
  • medical jurisprudence
  • constitutional law
  • patient autonomy
  • legal safeguards

Type

Research Paper

Information

International Journal of Law Management and Humanities, Volume 8, Issue 3, Page 722 - 729

DOI: https://doij.org/10.10000/IJLMH.119757

Creative Commons

This is an Open Access article, distributed under the terms of the Creative Commons Attribution -NonCommercial 4.0 International (CC BY-NC 4.0) (https://creativecommons.org/licenses/by-nc/4.0/), which permits remixing, adapting, and building upon the work for non-commercial use, provided the original work is properly cited.

Copyright

Copyright © IJLMH 2021