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Civil · Reportable judgment

Common Cause (A Regd. Society) vs Union of India

Court
Supreme Court of India
Date
24 January 2023
Case No.
Miscellaneous Application No. 1699 of 2019
Result
Disposed
Bench
K.M. Joseph, Ajay Rastogi, Aniruddha Bose, Hrishikesh Roy, C.T. Ravikumar
Citation
[2023] 1 S.C.R. 1137 : 2023 INSC 77
Supreme Court Reports [2023] 1 S.C.R. 1137 : 2023 INSC 77
Headnote

Constitution of India – Right of the person to die with dignity – Advanced directives – Application seeking clarification of the judgment in Common Cause (A Registered Society) v. Union of India (2018) 5 SCC 1: [2018] 6 SCR 1 – In the said writ petition, the Court was concerned with the question as to whether even in the absence of Advance Directives, when a person is faced with a medical condition with no hope of recovery and is continued on life support system/medicines, support system should be withdrawn – Thereafter, the Court proceeded to lay down the directives – Now, application filed seeking clarifications – The reason for approaching the Court again is the actual working of the directions, insurmountable obstacles are being posed – Keeping in view the concerns of the parties, the directions contained in paragraphs 198 to 199 are modified/ deleted – Miscellaneous application disposed of.

As published in the Supreme Court Reports, Supreme Court of India. Text from the Indian Supreme Court Judgments open data set (Dattam Labs), CC BY 4.0.

Full Judgment Text

The Order of the Court was passed by K. M. JOSEPH, J. (1) This is an application filed by Indian Society of Critical Care Medicine seeking clarification of the judgment reported in Common Cause (A Registered Society) v. Union of India and Another (2018) 5 SCC 1. (2) A Constitution Bench came to be constituted on the basis of a Reference made to it by a Bench of three learned Judges. In the backdrop of certain earlier decisions of this Court, in particular, this Court was engaged with the question as to whether the Court should issue suitable directions or set in place norms to provide for w
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