Justice K.S.Puttaswamy(Retd) vs Union Of India on 26 September, 2018
xx xx xx
159. In Mehmood Nayyar Azam v. State of Chhattisgarh, a two-Judge Bench held
thus: (SCC p. 6, para 1) 1. Albert Schweitzer, highlighting on Glory of Life,
pronounced with conviction and humility, the reverence of life offers me my
fundamental principle on morality. The aforesaid expression may appear to be an
individualistic expression of a great personality, but, when it is understood in the
complete sense, it really denotes, in its conceptual essentiality, and connotes, in its
macrocosm, the fundamental perception of a thinker about the respect that life
commands. The reverence of life is insegregably associated with the dignity of a
human being who is basically divine, not servile. A human personality is endowed
with potential infinity and it blossoms when dignity is sustained. The sustenance of
such dignity has to be the superlative concern of every sensitive soul. The essence of
dignity can never be treated as a momentary spark of light or, for that matter, a brief
candle, or a hollow bubble. The spark of life gets more resplendent when man is
treated with dignity sans humiliation, for every man is expected to lead an
honourable life which is a splendid gift of creative intelligence. xx xx xx
166. The purpose of saying so is only to highlight that the law must take cognizance of
the changing society and march in consonance with the developing concepts. The
need of the present has to be served with the interpretative process of law. However,
it is to be seen how much strength and sanction can be drawn from the Constitution
to consummate the changing ideology and convert it into a reality. The immediate
needs are required to be addressed through the process of interpretation by the Court
unless the same totally falls outside the constitutional framework or the
constitutional interpretation fails to recognise such dynamism. The Constitution
Bench in Gian Kaur [Gian Kaur v. State of Punjab, (1996) 2 SCC 648 : 1996 SCC (Cri)
374] , as stated earlier, distinguishes attempt to suicide and abetment of suicide from
acceleration of the process of natural death which has commenced. The authorities,
we have noted from other jurisdictions, have observed the distinctions between the
administration of lethal injection or certain medicines to cause painless death and
non-administration of certain treatment which can prolong the life in cases where the
process of dying that has commenced is not reversible or withdrawal of the treatment
that has been given to the patient because of the absolute absence of possibility of
saving the life. To explicate, the first part relates to an overt act whereas the second
one would come within the sphere of informed consent and authorised omission. The
omission of such a nature will not invite any criminal liability if such action is guided
by certain safeguards. The concept is based on non-prolongation of life where there is
no cure for the state the patient is in and he, under no circumstances, would have
liked to have such a degrading state. The words no cure have to be understood to
convey that the patient remains in the same state of pain and suffering or the dying
process is delayed by means of taking recourse to modern medical technology. It is a
state where the treating physicians and the family members know fully well that the
treatment is administered only to procrastinate the continuum of breath of the
Indian Kanoon - http://indiankanoon.org/doc/127517806/
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