Justice K.S.Puttaswamy(Retd) vs Union Of India on 26 September, 2018
individual and the patient is not even aware that he is breathing. Life is measured by
artificial heartbeats and the patient has to go through this undignified state which is
imposed on him. The dignity of life is denied to him as there is no other choice but to
suffer an avoidable protracted treatment thereby thus indubitably casting a cloud and
creating a dent in his right to live with dignity and face death with dignity, which is a
preserved concept of bodily autonomy and right to privacy. In such a stage, he has no
old memories or any future hopes but he is in a state of misery which nobody ever
desires to have.
Some may also silently think that death, the inevitable factum of life, cannot be invited. To meet
such situations, the Court has a duty to interpret Article 21 in a further dynamic manner and it has
to be stated without any trace of doubt that the right to life with dignity has to include the
smoothening of the process of dying when the person is in a vegetative state or is living exclusively
by the administration of artificial aid that prolongs the life by arresting the dignified and inevitable
process of dying. Here, the issue of choice also comes in. Thus analysed, we are disposed to think
that such a right would come within the ambit of Article 21 of the Constitution.
102) In the other opinion40, four facets of euthanasia were discussed, namely: (i) philosophy of
euthanasia, (ii) morality of euthanasia,
(iii) dignity in euthanasia, and (iv) economics of euthanasia. While discussing dignity in euthanasia,
the three models of dignity, namely, theological, philosophical and constitutional model, were
highlighted. Thereafter, postulates of dignity have been explained in the following manner:
292. Aharon Barak, former Chief Justice of the Supreme Court of Israel, attributes
two roles to the concept of human dignity as a constitutional value, which are:
292.1. Human dignity lays a foundation for all the human rights as it is the central
argument for the existence of human rights.
292.2. Human dignity as a constitutional value provides meaning to the norms of the legal system.
In the process, one can discern that the principle of purposive interpretation exhorts us to interpret
all the rights given by the Constitution, in the light of the human dignity. In this sense, human
dignity influences the purposive interpretation of the Constitution. Not only this, it also influences
the interpretation of every sub-constitutional norm in the legal system. Moreover, human dignity as
a 40 Rendered by A.K. Sikri, J.
constitutional value also influences the development of the common law.
xx xx xx
295. Dworkin, being a philosopher-jurist, was aware of the idea of a Constitution and of a
constitutional right to human dignity. In his book, Taking Rights Seriously, he noted that everyone
who takes rights seriously must give an answer to the question why human rights vis-à-vis the State
Indian Kanoon - http://indiankanoon.org/doc/127517806/
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