Introduction:
We all know Article 21 – that golden rule of the Constitution which says no one can be deprived of life or personal liberty without proper reason. But by 2026, this right didn’t just stop at living – it now includes the “right to die with dignity” too. Meaning, if someone is suffering from a terminal illness or stuck in a coma, they can opt to have ventilators or feeding tubes removed. The Supreme Court has made this legal through passive euthanasia, and recent cases like Harish Rana have made it even stronger.
Abstract:
This article focuses on the expansion of Article 21, where “right to life” now includes “right to die with dignity.” We trace the journey from 2011 to the 2026 Harish Rana case. It covers historical cases, pros and cons, my analysis, and suggestions on how to improve this system in India. Simply put: dying with dignity is now a fundamental right, but with strict rules to prevent misuse.
Historical Background:
This started in the 1960 when courts began expanding Article 21. Initially it was just “procedure established by law,” but the Maneka Gandhi case (1978) turned it into “due process,” including dignity. Euthanasia entered in 2011 with the Aruna Shanbaug case – a nurse who stayed in coma for 42 years. The court allowed passive euthanasia for the first time but with guidelines (like medical board requirement). Then the 2018 Common Cause judgment was a game changer – it legalized living wills, where you can write in advance, “Don’t keep me on machines if I’m brain dead.” Guidelines weresimplified in 2023, and the 2026 Harish Rana case (a 32-year-old boy in coma for 13 years) showed the first practical implementation. Now hospitals use two medical boards, DM approval, and court nod to withdraw life support. All this became possible due to the wide interpretation of Article 21.
Related Case Studies:
Aruna Shanbaug v. Union of India (2011): Mumbai nurse Aruna was assaulted in 1973 and remained in PVS (persistent vegetative state) for 42 years. Court said passive euthanasia is okay but not active (no killing by injection). Made medical board mandatory.
Common Cause v. Union of India (2018): NGO filed petition; court declared right to die with dignity as part of Article 21. Gave living will format – get it registered with notary. By 2026, lakhs of people have made them.
Harish Rana v. Union of India (2026): Fresh March 2026 case. 32-year-old Harish in coma since 2013 bike accident. Family petitioned; Supreme Court approved passive euthanasia for the first time. Process: Primary hospital board → Secondary board → Magistrate → Court. Ventilator off in 10 days, natural death. This reaffirmed 2023 guidelines.
These cases show the court is cautious – it respects life’s sanctity but doesn’t allow unnecessary suffering.
Critical Analysis (My Opinion):
Good side:
This right gives human dignity. Imagine hanging on machines in the last stage of cancer, gasping? Better to let nature take its course. Saves resources – in a country like India with ICU bed shortages, this helps. Increases personal autonomy, reduces family’s emotional burden.
Bad side:
Fear of slippery slope! Today terminal patients, tomorrow disabled or depressed? Poor families might make wrong decisions under pressure. Doctors feel they violate “do no harm” oath. In India, medical boards could be corrupt, rural awareness is zero. Only 5-10 cases by 2026, implementation weak. Plus, why no active euthanasia? Countries like Netherlands have full options – why are we behind?
Conclusion and Suggestions:
Article 21 is now the full package for living and dying – with dignity. Cases like 2026’s Harish Rana have made it real, but the road ahead is long. In future, this will make healthcare more humane.
Written by Vivek Kumar Jaiswal ,
Legal Intern at Sandhu Law Offices,
LLB, 2nd year Student
M.G.K.V.P.