Common Cause v. Union of India
- Vaishnavi Majji
- Oct 8
- 1 min read
In a landmark order delivered in January 2023, the Hon’ble Supreme Court of India simplified the process for executing a Living Will, marking a major shift in the legal landscape surrounding passive euthanasia. The Court relaxed its earlier 2018 guidelines from the Common Cause v. Union of India ruling, which had permitted passive euthanasia under strict procedural safeguards.
Previously, a Living Will required attestation by a Judicial Magistrate First Class (JMFC) and approval from multiple medical and legal authorities, making it practically inaccessible for most people. The 2023 order eliminated the requirement for Magistrate involvement, significantly streamlining the process.
Now, individuals can execute a Living Will by signing it in the presence of two independent witnesses, followed by attestation by a Notary or a Gazetted Officer. Additionally, the new guidelines simplify the role of the medical board, requiring decisions on life support withdrawal to be made within 48 hours by a two-tier hospital committee, removing the need for District Collector or Magistrate clearance.
This change enhances individual autonomy and respects the Right to die with dignity under Article 21 of the Constitution. It empowers patients to make informed choices about end-of-life care while balancing ethical safeguards.
The order reflects the judiciary’s evolving understanding of medical ethics and the need for accessible legal frameworks in palliative care. It stands as a progressive and humane step forward, offering dignity and clarity to patients and their families during life’s most difficult moments.
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