Common Cause v. Union of India (Ministry of Health)

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Common Cause v. Union of India (Ministry of Health)

In this case, the Supreme Court will streamline the guidelines that allow terminally ill patients to execute 'Advance Medical Directives' to withdraw from treatment.

Petitioners Arguments

Since no court order has been pronounced, applicant's arguments are not available.

Responders Arguments

Since no court order has been pronounced, respondent's arguments are not available.

Last Listed On

2023-01-24

Start Date

2019-08-21

End Date

2023-01-24

Card Stage Date

2023-01-24

Review Petition No

M.A. No. 1699/2019

Case Status

Archive

Bench Status

Constituted

Subject Matter

Constitution

Disposal Time

3 years, 5 months, 4 days

5 Judge Bench

Judgment delivered

Consider As Stage Of Pendency

false

Judgment pronounced by 5 Judge Bench

Date of institution of case

Judgement pronounced

This is a miscellaneous application filed on the judgment in Common cause v. Union of India [W.P.(C) 215/2005] where the Supreme Court upheld the right to die with dignity as a fundamental right. In 2005, Common Cause, a registered society, filed a petition before the Supreme Court praying for the right to die with dignity to be read under Article 21 . The petition also called for allowing terminally ill patients to execute living wills in situations when they are admitted in hospitals, permitting the withdrawal of treatment. Common Cause argued that terminally ill persons or those suffering from chronic diseases should not be subjected to cruel treatment and that, through a living will, the person makes an informed choice about securing him the right to die with dignity. A five-judge bench of the Supreme Court had previously ruled in Gian Kaur v. The State of Punjab that the right to life under article 21 did not include the right to die in its ambit, however later in the case of Aruna Ramachandra Shanbaug v. Union of India ,the court allowed passive euthanasia to be directed to a patient after following the guidelines laid down. On 09-03-2018, the Court delivered its landmark ruling including the right to die with dignity as a fundamental right under Article 21. It held that the right to execute Advance Medical Directives (AMD) or living wills is a statement of bodily integrity and self-determination, and is not dependent on a State's recognition or regulation. The Court laid down certain guidelines to be followed in the execution of AMDs. On 21-08-2019, Common Cause filed an application for the alteration of the guidelines to make it less cumbersome. Since this is an application for a modification of a five-judge bench decision, it will be placed before a Constitution Bench.

How can the process of issuing and executing Advance Medical Directives be further streamlined?

NA

Since this is an application for the modification of a five-judge bench decision, it will be placed before a Constitution Bench.

‘Advance Medical Directive’ Or ‘Living Will’- Decoded

Source Of Info

Livelaw

Date Of Fr

2023-08-09

End-of-life decisions: On SC’s legal status to advance medical directives

Source Of Info

The Hindu

Date Of Fr

2023-02-07

SC notes insurmountable obstacles in implementation of living wills, eases procedure to make it workable

Source Of Info

Economic Times

Date Of Fr

2023-02-04