- (1.)This writ petition, under Article 32 of the Constitution of India, has been filed by Common Cause-a Society registered under the Societies Registration Act, 1860 engaged in taking up various common problems of the people for securing redressal, praying for declaring 'right to die with dignity' as a fundamental right within the fold of 'right to live with dignity' guaranteed under Article 21 of the Constitution and to issue direction to the respondent, to adopt suitable procedures, in consultation with the State Governments wherever necessary, to ensure that the persons with deteriorated health or terminally ill should be able to execute a document, viz., 'my living will & Attorney authorization' which can be presented to hospital for appropriate action in the event of the executant being admitted to the hospital with serious illness which may threaten termination of life of the executant or in the alternative, issue appropriate guidelines to this effect and to appoint an Expert Committee consisting of doctors, social scientists and lawyers to study into the aspect of issuing guidelines regarding execution of 'Living Wills'.
(2.)On 19.06.2002 and 25.06.2002, the petitioner-Society had written letters to the Ministry of Law, Justice and Company Affairs and the Ministry of Health and Family Welfare with a similar prayer as in this writ petition. Concurrently, the petitioner also wrote letters to the State Governments in this regard, as hospitals come within the jurisdiction of both the State Governments and the Union of India.
(3.)In the above said communication, the petitioner had emphasized the need for a law to be passed which would authorize the execution of the 'Living Will & Attorney Authorization'. Further, in the second letter, the petitioner-Society particularly relied on the decision of this Court in Gian Kaur vs. State of Punjab, 1996 2 SCC 648to support its request. Since no reply has been received, the petitioner-Society has preferred this writ petition.