New Delhi,
The Supreme Court today recognised right to die with dignity and allowed an individual to execute a “living will” authorising someone to withdraw his/her life support, if he/she went into a vegetative state because of an incurable and irreversible medical condition.

The landmark verdict was delivered by five-judge Constitution Bench headed by Chief Justice of India Dipak Misra, which laid down a set of guidelines for the purpose. The top court, however, said life support could be withdrawn only after a medical board approved it.

The Bench, including Justices AK Sikri, AM Khanwilkar, DY Chandrachud and Ashok Bhushan, said right to die with dignity was a facet of right life and liberty guaranteed under Article 21 of the Constitution.

“Right to life and liberty as envisaged under Article 21 of the Constitution is meaningless unless it encompasses within its sphere individual dignity,” the Bench said.

The 538-page verdict also provides for mechanism to effect passive euthanasia where there are no advance directives in the form of a “living will”.

There were four concurring judgments — one by the CJI and Justice Khanwilkar and one each by rest of the three judges on the Bench.

“In our considered opinion, advance medical directive would serve as a fruitful means to facilitate the fructification of the sacrosanct right to life with dignity,” the CJI said. “The said directive, we think, will dispel many a doubt at the relevant time of need during the course of treatment of the patient.

That apart, it will strengthen the mind of the treating doctors as they will be in a position to ensure, after being satisfied, that they are acting in a lawful manner,” said the top court, which had reserved its verdict on October 11.

“An individual may withdraw or alter the Advance Directive at any time when he/she has the capacity to do so and by following the same procedure as provided for recording of Advance Directive. Withdrawal or revocation of an Advance Directive must be in writing,” the SC said.

The SC, which had in 2011 legalised passive euthanasia, said its directives will remain in force until the government brought a proper legislation.

With this verdict, India joins nations such as the UK, Germany and the Netherlands, which have advance medical directive laws allowing an individual to executive a “living will”. But active euthanasia, which involves administering some medicines or lethal injection to end life, continues to remain illegal in India. The SC said a person suffering from terminal illness had right to refuse medical treatment to avoid “protracted physical suffering”.

“The right to refuse medical treatment could neither be termed as euthanasia, nor a suicide, as it “stands on a different pedestal as compared to suicide, physician assisted suicide or even euthanasia,” it said.

Vipul Mudgal of petitioner Common Cause welcomed the verdict. “It will end exploitation of innocent patients and their family members by unscrupulous hospitals.” Common Cause counsel Prashant Bhushan termed it “historic”.