A MULTIDISCIPLINARY ANALYSIS OF PASSIVE EUTHANASIA IN INDIA FROM THE 2018 SUPREME COURT DIRECTIVE TO THE FIRST IMPLEMENTED CASE (2026)

Abstract

The recognition of the right to die with dignity represents a significant development in Indian constitutional and medical jurisprudence. The landmark decision in Common Cause (A Regd. Society) v. Union of India (2018) legalized passive euthanasia and recognized advance medical directives (living wills) as an extension of Article 21 of the Constitution. This study examines the legal, ethical, and policy evolution of passive euthanasia in India from early judicial debates to the first judicially implemented case in 2026. A qualitative doctrinal and comparative research methodology was employed, involving the analysis of constitutional judgments, legal documents, policy reports, and bioethical literature, alongside a comparison with end-of-life frameworks in selected international jurisdictions. The findings indicate that India has developed a constitutionally grounded framework for passive euthanasia, strengthened by procedural reforms introduced in 2023. However, significant implementation challenges remain, including limited public awareness, inadequate palliative care infrastructure, lack of comprehensive legislation, and insufficient professional training. The 2026 decision in Harish Rana v. Union of India serves as a landmark practical application of the legal framework and highlights both its strengths and operational limitations. The study concludes that judicial recognition alone is insufficient to ensure meaningful realization of the right to die with dignity. Comprehensive legislation, expanded palliative care services, public education, and institutional capacity building are essential for effective implementation and ethical end-of-life governance in India.