Active And Passive Euthanasia: Constitutional, Ethical And Comparative Perspectives With Case Law

Authored by: Adv Kavita N Solunke, (BA, BSL, LLM, GDC&A, PG(ADR), STAR Cyber Crime Intervention Officer, (CCIO), Additional Government Pleader, Arbitrator, Mediator, High Court of Mumbai & Notary Govt of India

&

Dr Rashmi Solunke, M.B.B.S., DNB (Anaesthesia), Aakash Healthcare Super Speciality Hospital, Dwarka, New Delhi

Published on: 23^rd  March 2026

Abstract

This paper examines the legal and constitutional contours of active and passive euthanasia in India, situating recent jurisprudence within a broader comparative and ethical framework. Building on landmark decisions from Gian Kaur v. State of Punjab to Aruna Ramachandra Shanbaug v. Union of India and Common Cause (A Regd. Society) v. Union of India, it argues that the Supreme Court has crafted a cautious but significant right to die with dignity under Article 21, confined to passive euthanasia and advance directives while continuing to prohibit active euthanasia. The central research claim is that this judge‑made regime, though normatively grounded in autonomy and dignity, remains fragile in the absence of comprehensive legislation, institutional capacity and palliative‑care infrastructure.

Methodologically, the paper employs doctrinal analysis of Indian case law and statutory provisions, reads them alongside the Law Commission’s 241st Report and palliative‑care policy documents, and engages in a comparative study of euthanasia laws in the Netherlands, Belgium and other jurisdictions. It identifies key gaps: low awareness and complex procedures around passive euthanasia, uneven implementation of advance directives, and limited empirical engagement with how socio‑economic inequalities shape end‑of‑life choices. The comparative analysis shows that more permissive regimes are embedded in robust statutory, reporting and review structures that India currently lacks.

The paper concludes with a sequenced reform agenda: codifying the passive‑euthanasia framework through an End‑of‑Life statute, strengthening palliative care and ethics infrastructure, simplifying advance‑directive procedures, and only then considering, through democratic deliberation, whether a tightly circumscribed physician‑assisted dying regime is institutionally and ethically feasible for India.

Keywords: Active euthanasia, passive euthanasia, right to die with dignity, Article 21, Indian Constitution, advance directives, palliative care, Law Commission of India, comparative euthanasia law

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