Justice DY Chandrachud

The court is above all engaged in the task of expounding the Constitution. In doing so, we have been confronted with the enormous task of finding substance and balance in the relationship between life, morality and the experience of dying. The reason which has impelled the court to recognise passive euthanasia and Advance Directives is that both bear a close association to the human urge to live with dignity. Age brings isolation. Physical and mental debility bring a loss of self worth. Pain and suffering are accompanied by a sense of being helpless. The loss of control is compounded when medical intervention takes over life. Human values are then lost to technology. More significant than the affliction of ageing and disease is the fear of our human persona being lost in the anonymity of an intensive care ward. It is hence necessary for this court to recognise that our dignity as citizens continues to be safeguarded by the Constitution even when life is seemingly lost and questions about our own mortality confront us in the twilight of existence.

The sanctity of human life is the arterial vein which animates the values, spirit and cellular structure of the Constitution. The Constitution recognises the value of life as its indestructible component. The survival of the sanctity principle is founded upon the guarantees of dignity, autonomy and liberty.

The right to a dignified existence, the liberty to make decisions and choices, and the autonomy of the individual are central to the quest to live a meaningful life.

Liberty, dignity and autonomy are essential to the pursuit of happiness and to find meaning in human existence; i) The entitlement of each individual to a dignified existence necessitates constitutional recognition LIBERTY, DIGNITY AND of the principle that an individual possessed of a free and competent mental state is entitled to decide whether or not to accept medical treatment. The right of such an individual to refuse medical treatment is unconditional. Neither the law nor the Constitution compel an individual who is competent and able to take decisions, to disclose the reasons for refusing medical treatment nor is such a refusal subject to the supervisory control of an outside entity.

While upholding the legality of passive euthanasia (voluntary, non-voluntary) and in recognising the importance of advance directives, the present judgment draws sustenance from the constitutional values of liberty, dignity, autonomy and privacy.

AUTONOMY ARE ESSENTIAL TO THE PURSUIT OF HAPPINESS AND TO FIND MEANING IN HUMAN EXISTENCE.