...urged that “right to die” being included in Article 21 of the Constitution as held in P. Rathinam (1994) 3 SCC 394 declaring Section 309 IPC to be unconstitutional, any person abetting the commission...points directly raised is the inclusion of the “right to die” within the ambit of Article 21 of the Constitution, to contend that any person assisting the enforcement of the “right to die...and 21. He strongly relied on the ground based on Article 21 in P. Rathinam (1994) 3 SCC 394 for holding Section 309 to be invalid. He urged that “right to die” being included within the ambit of...

...Act, 1860, engaged in taking up various common problems of the people for securing redressal, praying for declaring “right to die with dignity” as a fundamental right within the fold of “right to ...a life-support treatment against his/her express desire and keeping him under tremendous pain is in violation of his right to die with dignity. Besides, the petitioner Society also highlighted that...interpretation of Article 21 relating to the constitutional validity of Sections 306 and 309 of the Penal Code, 1860, wherein, it was held that “right to life” under Article 21 does not include “right to ...

...AIR 1994 SC 1844, which had held that the offence under Section 309 IPC, for attempting to commit suicide was unconstitutional being violative of Article 21, as right to..., is inherently inconsistent with the 'right to life' as is 'death with life'" (Gian Kaur, para 20) 8. Another argument raised by learned Counsel for the petitioner that no offence under Section 30...such incident had ensued. 5. Alternatively the learned Counsel vehemently contends that it is a woman's inalienable right to take samadhi and the act was being done for a religious...

...passive euthanasia is recognised in law regard being had to the right to die with dignity when life is ebbing out and when the prolongation is done sans purpose, neither the social morality nor the doctors...certain positive overt acts and the genesis of those acts cannot be tested to or be included within the protection of the expression “right to life” under Article 21 of the Constitution. It was also observed that a dignifie..., 202.3 and 202.4)A careful and precise perusal of the judgment in Gian Kaur case reflects the right of a dying man to die with dignity when life is ebbing out, and in the case...

...whether a person residing in India has a right to die. Section 309 being a part of our enacted law, we would desire to know what object a law seeks to achieve. This section having made attempt to...?(2) Has a person residing in India a right to die?(3) Why is a law enacted? What object(s) it seeks to achieve?(4) Why is a...right to life, because without good health the civil and political rights assured by our Constitution cannot be enjoyed.(2) Has a person residing in India right to die?...

...construe Article 21 to include within it the right to die’ as a part of the fundamental right guaranteed therein. ‘Right to life’ is a natural right embodied in Article 21 but su...termination or extinction of life and therefore incompatible and inconsistent with the concept of right to life’. With respect and in all humility, we find no similarity in the nature of the other rights, such as the right ...indicated in the context of Article 21. The decisions relating to other fundamental rights wherein the absence of compulsion to exercise a right was held to be included within the exercise of that...

...be deemed to have become the owners of the land since they had acquired a vested right to die grant of relief on the day they made the applications under Section 18(1). At the conclusion of the hearing...Prescribed Authority, had already made the deposit of the first instalment of the purchase price as required under Section 18(4)(a) and had thereupon by the legal fiction contained in clause (b) thereof, to...per mutation Entries Nos. 205 and 206 dated April 14, 1955. The alleged sales did not create any right or title in the transferees since the provisions of Section 54 of the Transfer of Property Act...

...illness being unrelated to the priciple of “sanctity of life” or the “right to live with dignity” is of no assistance to determine the scope of Article 21 for deciding whether the guarantee of “right ...the right to a dignified life up to the point of death including a dignified procedure of death. In other words, this may include the right of a dying man to also die with dignity when his life is...ebbing out. But the “right to die” with dignity at the end of life is not to be confused or equated with the “right to die” an unnatural death curtailing the natural span of life...

...right to life does not include the right to die in the context of suicide may require to be revisited in future in view of domestic and international developments ““Humanization and Decriminalization...that right to life includes right to die also. Relevant para of the judgment is reproduced hereinbelow:—“109. On the basis of what has been held and noted above, we.... State Of Punjab ., (1996) 2 SCC 648, over ruled its earlier judgment rendered in P. Rathinam's case supra and held that right to life does not include right to die. The relevant paras No. 18 ...

...public of India should be given the right to die. 2. Please inform what is the consensus of the Honorable Supreme Court and the Government of India on this subject...:- "Kindly provide me certified information about following points. 1. Regarding this letter, I have a curiosity that after writing my letter, what has been done so far to...give speedy justice to Indian citizens? At the end of the letter, I had requested that if the above honorable member is not able to reform the Indian judicial system, then the general...

...to live but he has no right to die. To the best of the knowledge no voluntary death clinic exists any where in the world.2. Euthanasia is not provided under the existing law...view that S. 309 of the IPC was unconstitutional, since it was violative of the provisions of Art. 21 of the Constitution. It was held that the right to die was part of the right to life under Art. 21...as to whether the right to die, assuming that such a right existed, was included within the ambit of Art. 21 of the Constitution. Since a two Judge Bench of the Apex Court had decided the question of...

...administrative orders which can stand the test of Articles 14 and 16. Appointment on compassionate ground cannot be claimed as a matter of right. Die-in-Harness Scheme cannot be made applicable to all...appointment. Even after the 1984 Scheme came into force, the application was filed after a long lapse of time. He, therefore, had no right much less a legal right to ask for an appointment. The learned Single Judge of the H...Arijit Pasayat, J.— Leave granted.2. The respondent was found to be entitled to appointment under the Die-in-Harness Scheme, by a learned Single...

....’48. There is right to live with dignity and also right to die with dignity. For violation of human rights under Article 21 grant of compensation is one of t...could not have been any curtailment of the right to obtain anticipatory bail under Section 438 CrPC. Prior scrutiny and proper investigation are necessary. Most of the safeguards have been provided...directions put the riders on the right to arrest. An accused cannot be arrested in atrocities cases without the concurrence of the higher Authorities or appointing authority as the case may be. As per the...

...the stage for acknowledgment of the constitutional right to die with dignity. It was observed that the right to die with dignity is an inseparable and inextricable facet of the right .... The Court held that right to die with dignity is a Fundamental Right and thus an integral part of Article 21 of the Constitution.... 18. We are of the view that the right to live a dignified life extends up to the point of death including the dignified procedure of death. We are inclined to interpret the phrase...

...Article 21 of the Constitution of India. Though the said judgment of the Division Bench stands over ruled but the Constitution Bench has recognized that the right to life including the right to live with human dignity w...he may be permitted to terminate it by a premature extinction of his life in those circumstances. This category of cases may fall within the ambit of the ‘right to die’ with dignity as a part of right...fall within the group of right to die with dignity as a part of life with dignity when death is certain and imminent and the process of natural death has commenced. There is long tradition of Santhara...

...did not hesitate to protect the fundamental right to die with dignity is Common Cause (A Regd. Society) (supra) wherein the Supreme Court stepped in to protect the said fundamental right of those ...to privacy resides in the right to liberty and in the respect of autonomy. [T.L. Beauchamp, “The Right to Privacy and the Right to Die”, Social Philosophy and Policy (2000), Vol....”) (2018) 5 SCC 1, a Constitution Bench of this Court held that the right to die with dignity is integral to the right to life recognised by...

...Common Cause v. Union of India (2018) 5 SCC 1 wherein this Court categorically held that the right to life includes the right to live with dignity. It...attempt to commit suicide is a crime vide Section 309 IPC, the Court has held that the right to life includes the right to live with human dignity, and in the case of a dying person who is terminally ill or...it open to him and the learned Amici Curiae to agitate any further issues that may arise during the pendency of the public interest petition.The right to dignity and...

...guaranteed under ‘Part III of Indian Constitution. Illustratively the said examples are as under:48.1. Article 21 expressly provides for positive obligation of “right to life” but the said the guara...“right to die” can be easily read into or can be said to be inextricably relatable to right to life protected under Article 21) since this “right to die” was co...constitutional implication/limitation” this Hon'ble Court has in past also refrained from declaring any new specie of fundamental right which though was directly relatable to the existing fundamental rights...

... 366. This Court's holding in Gian Kaur that the right to life does not include the right to die in the context of suicide may require to be revisited in future in...