GK Question

polity hard mcq

In Common Cause v. Union of India (2018), the Supreme Court recognized passive euthanasia and living wills (advance medical directives) as part of right to die with dignity under Article 21. Which safeguard was NOT included in the guidelines?

  1. Medical board certification of terminal illness/persistent vegetative state
  2. Judicial oversight for implementation of living will
  3. Mandatory family consent regardless of patient's prior directive
  4. Periodic review by hospital ethics committee

Answer: Mandatory family consent regardless of patient's prior directive

Right to die with dignity safeguards: (a) Common Cause (2018): 5-judge bench held: (i) Right to die with dignity part of Article 21, (ii) Passive euthanasia (withdrawing life support) permissible for terminally ill patients in persistent vegetative state, (iii) Living will valid subject to safeguards, (b) Safeguards included: (i) Medical board certification: Multiple doctors confirm terminal illness/vegetative state, (ii) Judicial oversight: Magistrate approval for implementing living will, (iii) Hospital ethics committee: Periodic review of decision, (iv) Patient autonomy: Living will reflects patient's prior informed consent; family consent not mandatory if living will valid, (c) Limits: (i) Active euthanasia/assisted suicide remains illegal; only passive withdrawal of life support permitted, (ii) Procedural safeguards prevent misuse, ensure genuine patient autonomy, (d) Applications: (i) End-of-life care: Hospitals develop protocols for passive euthanasia, living will registration, (ii) Legal awareness: Public education about advance medical directives, rights, procedures, (iii) Ethical guidelines: Medical councils issue guidance on end-of-life decisions, (e) Illustrates calibrated rights balancing: Individual autonomy (right to die with dignity) balanced with sanctity of life, prevention of abuse through procedural safeguards.

Topic Article 21 - Right to Die with Dignity and Passive Euthanasia
Exam Relevance Right to die with dignity critical for UPSC Mains and Judiciary exams