Common Cause vs Union Of India Judgement

 

What is Common Cause Case

The Supreme Court of India has recommended that advance medical directives be legally valid. The Apex Court ruled in the landmark case Common Cause vs Union of India and others that a person of competent mental faculty is entitled to execute an advance medical directive.

The Indian Supreme Court has affirmed that an adult has the right to make a living will, or an advance medical directive (AMD), in certain circumstances. In the case of Common Cause vs. Union of India & Others, the court directed that a person of sound mind should be entitled to execute a valid AMD for the sake of self-determination.

Important Judgment of the Supreme Court

On the 9th March 2018, the Supreme Court gave a landmark verdict making the way for passive euthanasia, which is also described as Physician-Assisted Suicide (PAS). The Court reiterated that the right to die with dignity is a fundamental right, as already held by its constitutional bench in Gian Kaur case earlier, and declared that an adult human being, having mental capacity, to make an informed decision, has the right to refuse medical treatment including withdrawal from life-saving devices. Giving its verdict in the civil no. 215 of 2005 - Common Cause vs. Union of India and others, the Apex Court concluded that a person of competent mental faculty is entitled to execute an advance medical directive.

The Hon'ble Supreme Court of India was hearing the case of Common Cause vs. Union of India and others, under the caption: "Constitutionality of Article 47-B of Mental Healthcare Act, 2017 and B.P. Singhal (Dead) by Lrs. vs. Union of India and others".