Nindhita Pratiwi, Dhani Herdiwijaya, Nizam Ahmad, Taufiq Hidayat, Muhammad Isnaenda Ikhsan
This paper reflects on the changing legal, ethical, and cultural dimensions of euthanasia, especially passive euthanasia as envisaged by Article 21 of the Constitution of India. The paper maps out the crucial legal landmarks—from Gian Kaur v. State of Punjab (1996) to Aruna Shanbaug v. Union of India (2011) and Common Cause v. Union of India (2018), signalling the transition in judicial jurisprudence, wherein the right to die with dignity has been increasingly acknowledged. It examines the conceptual contradictions between autonomy and the sanctity of life from a global bioethical perspective, contextualizing the Indian experiences. Even with judicial progress, the practice of passive euthanasia is throttled by procedural hypotrophy, institutional intransigence, and societal equivocation. The paper also raises questions about the utility of living wills, the constraints of the 2024 decision of the Delhi High Court, and the existing legislative vacuum. It makes the case for a right-based, culturally competent, and legislatively sound approach to end-of-life care that respects human dignity and ethical responsibility. Finally, it demands a transition from judicial tolerance to systemic readiness and argues for law reform's human and social desirability. © (2026), (Pandawa Institute). All right reserved.
Atmospheric and Planetary Science Department, Institut Teknologi Sumatera, Lampung Selatan, 35365, Indonesia; Astronomy Department, Institut Teknologi Bandung, Bandung, 40132, Indonesia; Research Center for Smart Mechatronics, The National Research and Innovation Agency (BRIN), Bandung, 40135, Indonesia