'Right To Die With Dignity Is A Fundamental Right'

'Why can't we work towards a dignified end of the person when a cure is not possible and the end is inevitable?'

It was in 2011 that the Supreme Court of India rejected a plea for passive euthanasia for Aruna Shanbaug, who was in a vegetative state from 1973 onwards.

Though the court legalised passive euthanasia under strict guidelines, it was in 2018 that the Supreme Court of India legalise 'passive euthanasia' in the Common Cause v. Union of India ruling.

The court spoke about the right to die with dignity as a fundamental right under Article 21. The judgment permitted withholding or withdrawing life-supporting system from terminally ill patients, again under strict guidelines approved by medical boards.

In March 2026 in a landmark judgment, the Supreme Court permitted withdrawal of life support system for Harish Rana who was in a vegetative state for 13 long years. By doing so, the court applied the guidelines put forward in the 2018 Common Cause v. Union of India ruling.

What kind of impact will this ruling have in future cases in India?

Dr Sushma Bhatnagar, former chief, Institute Rotary Cancer Hospital, All India Institute of Medical Sciences, New Delhi, and Head, Onco-Anaesthesia and Palliative Medicine at AIIMS, talks to Shobha Warrier/Rediff about the right to die with dignity.

As a doctor and as a human being, what is your reaction to the Supreme Court verdict allowing passive euthanasia to Harish Rana?

This is a landmark verdict keeping humanity in mind.

Rather than using the words passive euthanasia, a more favourable term will be 'withdrawal and withholding of life support system'.

Palliative care principles also say that when cure is not possible and the end is inevitable, rather than prolong the suffering, we should try to withhold and withdraw the systems supporting the person.

This is what the court has said, and it is absolutely a landmark judgment.

'Why can't we work towards a dignified end of the person when a cure is not possible?'

Do you think this ruling will change the way we look at cases like this? There may be thousands of such medical cases in India.

There is already a 2023 verdict where the protocol is in place on how we can withhold and withdraw the life support system.

Every institution can adopt this process in which primary and secondary boards are involved in making decisions. Detailed process can be followed based on this verdict.

Basically, I consider this as an example of good palliative care, providing comfort and care throughout the journey of patients and their care givers.

Traditionally when we work hard to diagnose a disease, treat the disease, why cannot we work towards a dignified end of the person when a cure is not possible and the end is inevitable?

Right to die with dignity is a fundamental right like right to live.

'We are allowing them to go with dignity till the last breath'

About how the ruling will change the way we look at such cases...

I am sure people will get sensitised to look at this as a way forward in difficult situations.

Also, in all such situations, we hardly think about the caregivers who look after the terminally ill. It is extremely tough and challenging for the family emotionally and physically.

By providing such care, we are neither hastening the end by giving any medication, nor are we prolonging a person's suffering. Rather, we are allowing them to go with dignity till the last breath.

There is an institute ethics committee in the decision making. What does this committee do?

Whenever there is any conflict in such decision making or there are different opinions, the ethics committee steps in.

There are some countries that allow active euthanasia. Do you think it will be legalised in India one day?

I do not know. Active euthanasia is the deliberate killing of a person while palliative care never talks and favours euthanasia.

It will be better that every hospital should have a dedicated palliative care department to reduce situations like this.

'Living Will is a legal document in India'

When I interviewed Dr Rajagopal, he spoke about a Living Will. He said that if every person above the age of 18 was encouraged to write a Living Will, we could avoid such situations.

Yes. A Living Will is a legal document in India now.

Like there should be a dedicated palliative care facility in all the hospitals, writing advance directives and a Living Will also have to be a culture in every hospital

We write wills for our properties. Similarly, everyone should write a Will for their life.

Do you think there is lack of awareness about a Living Will in India?

There is a huge lack of awareness among the public about a Living Will as a directive, and there is also lack of awareness about palliative care.

'Palliative care is not the end of life'

You feel people in general are scared of palliative care?

Yes, there is a misconception in India that palliative care is the end of life.

Palliative care is not the end of life, rather, it improves the quality of life throughout the journey of a patient.

Do you think a day will come when people will perceive Living Will in a mature way?

Many people have already started writing it.

Definitely, a day will come when people realise that a Living Will is important for everyone. It is only a matter of few years, I feel.

'Everybody is scared of death and does not like to talk about death'

Is it because we are scared of death and not like to talk about it that there is a reluctance to write a Living Will?

Yes, everybody is scared of death and does not like to talk about death. Probably this is the reason no one wants to discuss about a Living Will and advanced directive.

This education must be included right from school, and definitely in medical curriculum.

Feature Presentation: Rajesh Alva/Rediff