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In the case Common Cause Society vs Union of India (Civil Writ Petition No. 215 of 2005 of SC)
Facts:- question before the Bench is regarding the constitutionality of Sec 309 of IPC, the unconstitutionality of Sec 306 of IPC, the legislation regarding the passive euthanasia, the difference between the active and passive euthanasia
Held:- a) The Right to die with dignity as fundamental right has already been declared by the constitution bench judgement in Gian KAur case which we reiterate.
- b) We declare that an adult human being having mental capacity to take an informed decision has right to refuse medical treatment including withdrawal from saving devices.
- C) A person of competent mental faculty is entitled to execute an advance medical directive in accordance with safeguards as referred to above.
- d) We are thus of the opinion that the right not to take life saving treatment by a person, who is competent to take an informed decision is not covered by the concept of euthanasia as it is commonly understood but a decision to withdraw life saving treatment by a patient who is competent to take decision as well as with regard to patient who is not competent to take decision can be termed as passive euthanasia, which is legally permissible in this country.
Written By-Manishek Kumar