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SC clarifies again: There is no right to die

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[vc_row][vc_column][vc_column_text]Top court directs that every district should have a medical board whose duty will also be to decide the validity of the will that the person who is in terminal illness may have made

The Supreme Court on Wednesday (October 11) re-clarified what has always been established by Indian judiciary that “there is no right to die”. The constitution bench of Chief Justice Dipak Misra and Justices A K Sikri, A M Khanwilkar, D Y Chandrachud and Ashok Bhushan also decided that every district should have a medical board whose duty will also be to decide the validity of the will (of a person on ventilator or in the last stages of a terminal disease) and that the board’s decision on this will be final. The board’s preliminary duty of course will be to ensure that there is enough reason to pull the plug on a dying person, if needs be.

The Chief Justice made it clear that once the medical board makes any decision, family members should not create any impediments.

In the last two days the bench has gone through several intricate and delicate issues and situations, weighing the pros and cons. On Wednesday the bench could not decide on the constitutionality of euthanasia as a right and said that there is no right to die.

However, the bench agreed that complications could arise in the event of the dying person having a will and is on life support. In that case should the plug be pulled, and if so, who will decide on this?

Justice Sikri said that there were two situations to be considered:

  1. The person had executed a will and is now in a situation when his senses are deemed dead. But, due to advancement of technology, there is a possibility that he can be treated and cured.
  2. His senses are dead and there is no cure for it.

Justice Chandrachud said: “Take for example AIDS. Now it is curable.”

The Chief Justice said: “You don’t have the right to die, but can euthanasia be given in certain cases? Also explain if the guidelines given in the Aruna Shanbagh case are enough or not.”

An intervenor came who favours passive euthanasia. He said it is the right of the state to ensure the right to life and right to die with dignity.

That was when the question arose: “What will be role of the medical board in determining validity of a will? If someone disputes the will, how will its validity be checked?” This was raised by Additional Solicitor General P S Narasimha.

EARLIER DELIBERATIONS

In the deliberations on the legality of a “living will” on Tuesday the court had asked whether courts should intervene if there is no legal guardian to decide if a person should continue on prolonged life support. When is such intervention justified and who will certify that a person’s condition will not improve to bring him or her back from a permanent vegetative state?

Senior counsel Prashant Bhushan, appearing for petitioner NGO Common Cause had said that a person suffering from terminal illness should be granted the decisional autonomy to state that he no longer wanted to be under continued treatment, especially in a country like India where medical facilities are woeful and often prolong a person’s suffering even if he is not clinically certified as dead.  This autonomy should be treated as part of a person’s right to die with dignity, which a previous constitution bench held as being a part of the right to life under Article 21.

What are the safeguards for deciding on such a will, and who will certify that medical treatment was no longer working, the bench asked. Justice Sikri stressed that because the process is irreversible there have to be iron-clad safeguards.

Justice Chandrachud posed philosophical questions. He spoke of the chances of a ‘living will’ being misused in the case of elderly people. He said it was deeply troubling that the largest section of the population suffering ill treatment is the elderly, who “become a burden and are neglected”. In the case of a rich elderly person, the chance of misuse is real, he pointed out. He sought to know what was the “threshold of pain” at which life support could be withdrawn. “How proximate should be the point at which the doctors take the decision and likely point of death?” he asked.

On the benefits of a ‘living will’, the CJI said: “when a person is on ventilator, who will take the decision to remove the life support? Everybody is in confusion. If there is a will, it is morally sustainable. When a will is made, all are free, relatives are free, doctors don’t have any inhibition that anyone will accuse them of murder. They only have to take a conscious decision.”

He also pointed to the scope for misuse of such a will and sought to know “how to prove that document”. “A healthy man can also execute a document that he is admitted to hospital and was administered treatment, but there was no use and he didn’t want to remain on ventilator,” he said. The CJI also wondered “what is the safeguard to ensure that it is really his will and… who will certify that his condition is bad?”

Contrary to what some people think, the Constitution bench is not concerned with either euthanasia or assisted suicide in this case. It is considering a more limited contention that Common Cause has made in its petition, which is that the court grant an individual the right to execute a living will.

A living will, legal in several countries, allows a competent adult to execute an Advance Directive as to whether he or she should or should not be given medical treatment when he or she is terminally ill and not in a position to take a medical decision.
This is the right of a person in sound health to refuse in advance to be medically treated or be kept on life support if he or she becomes terminally ill. If the court recognizes the right of an individual to execute a living will, then it can go on to decide whether to grant individuals the right to assisted suicide.

Common Cause has, however, qualified its contention by saying that the strictest safeguards should govern the right to execute a living will. An expert committee must ensure that a person is not being compelled to resort to this step either out of diminished mental capacity or any other kind of pressure, especially from family members who could be motivated by material considerations.

In the absence of a law governing euthanasia, citizens must rely on two judgements for guidance on the issue. One is the Constitution bench’s decision in the Gian Kaur case of 1996 to hold that only natural death in the course of time is permitted under the law.

The other is the Supreme Court’s decision in the Aruna Shanbaug case of 2011. In that case, the court liberated those in a permanent vegetative state by laying down detailed, mandatory guidelines regarding when it would be legal for doctors and medical personnel to pull the plug.

Aruna Shanbaug had been in a permanent vegetative state for more than two decades when the court passed the judgement. While the court declined to intervene in her case, its general guidelines came into force.

The Law Commission of India, whose job it is to suggest law reform, has however opposed the grant of legal sanctity to living wills. In its 241st report, it said: “In a country where there is considerable illiteracy and lack of knowledge of developments in medicine and technology, there is scope for Advance Directives being based on wrong assumptions… as a matter of public policy in India, Advance Directives oral or written are controversial and can lead to mischief and should be made legally ineffective.”

The Law Commission welcomed the decision in Shanbaug’s case but stressed the need for a comprehensive legislative framework regulating passive euthanasia. The government submitted that the ruling in Shanbaug’s case, upholding the validity of passive euthanasia, was wrong. The government had stressed that it was for the legislature and not the Supreme Court to debate and decide. The government also submitted that it should have the right to sit in judgement over the opinion of the medical board that a person can no longer be revived with treatment.[/vc_column_text][/vc_column][/vc_row]

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PM Modi speaks to Mark Carney as India and Canada push to strengthen ties

Prime Minister Narendra Modi held a telephone conversation with Canadian Prime Minister Mark Carney on October 13, with both leaders agreeing to strengthen India-Canada ties and pursue concrete outcomes across key areas of their strategic partnership.

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Prime Minister Narendra Modi held a telephone conversation with Canadian Prime Minister Mark Carney on Tuesday, October 13, as the two countries seek to strengthen bilateral relations and translate renewed diplomatic engagement into concrete outcomes.

Following the conversation, Modi said both leaders had agreed to build on the positive momentum in India-Canada ties and work towards progress across key areas of their strategic partnership.

In a post on X, the prime minister described the conversation as “warm and productive”. He identified trade, energy, technology, security and people-to-people ties as important areas for further cooperation.

Modi also said India and Canada were contributing towards a more stable and prosperous world.

India and Canada focus on trade and strategic cooperation

The latest conversation comes amid increased engagement between New Delhi and Ottawa across economic, security and diplomatic matters.

According to the Canadian Prime Minister’s Office, the two leaders welcomed the expansion of engagement over the past year, including cooperation in finance, defence and security, people-to-people ties and artificial intelligence.

The two leaders reaffirmed their commitment to concluding negotiations on a Comprehensive Economic Partnership Agreement (CEPA) at the earliest opportunity. The proposed agreement is intended to support efforts to double two-way trade between India and Canada by 2030.

The leaders welcomed the ongoing Team Canada Trade Mission in India, led by Canadian International Trade Minister Maninder Sidhu, along with the visit of Canadian Foreign Minister Anita Anand to New Delhi.

The engagements are aimed at advancing shared priorities, including trade, energy and people-to-people ties.

Security cooperation remains on the agenda

The conversation followed a bilateral security dialogue held in India the previous week as part of ongoing engagement between the two countries on security and law enforcement.

The Canadian Prime Minister’s Office said the two leaders welcomed the bilateral security dialogue held in India the previous week as part of ongoing security and law enforcement engagement at the National Security Advisor level. They also agreed to remain in close contact ahead of Modi’s planned visit to Canada in December.

The Canadian readout also said the two prime ministers discussed the effects of geopolitical instability on the Indo-Pacific region and the need for trusted partners in energy and agriculture.

Carney thanked Modi for his leadership in seeking a peaceful resolution to Russia’s war against Ukraine.

India-Canada relations seek to move beyond diplomatic tensions

Relations between India and Canada deteriorated sharply in 2023 after then Canadian Prime Minister Justin Trudeau alleged a potential Indian link to the killing of Khalistan separatist Hardeep Singh Nijjar in Canada.

India rejected the accusation as absurd. In October 2024, India recalled its high commissioner and five other diplomats after Ottawa attempted to link them to the Nijjar case. New Delhi also expelled an equal number of Canadian diplomats.

Relations have since shown signs of improvement through renewed diplomatic engagement and cooperation in several areas. Both countries now have high commissioners posted in each other’s capitals.

Canadian Prime Minister Carney’s visit to India in March 2026 also contributed to renewed efforts to strengthen bilateral ties.

The latest conversation between Modi and Carney reflects the two governments’ stated intention to build on this progress, with trade negotiations, security cooperation and other shared priorities remaining central to their engagement.

Modi’s planned visit to Canada in December is expected to provide another opportunity for the two sides to advance their bilateral agenda.

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CJP leaders Saurav Das, Ashutosh Ranka, Ajinkya Shinde sent to 5-day judicial custody

Three CJP leaders, Saurav Das, Ashutosh Ranka and Ajinkya Shinde, were placed under preventive arrest following a protest at Delhi’s Jantar Mantar over Chief Election Commissioner Gyanesh Kumar.

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Three leaders of the Cockroach Janata Party (CJP) — Saurav Das, Ashutosh Ranka and Ajinkya Shinde — have been placed under preventive arrest in connection with a protest at Delhi’s Jantar Mantar, where demonstrators demanded the resignation of Chief Election Commissioner Gyanesh Kumar.

The three were detained early Tuesday after crossing police barricades and entering Jantar Mantar, which was recently removed from the list of designated protest venues. A case was registered against them over their alleged actions.

According to the police case, the charges include trespassing, violation of a bond, and obstructing a public official from performing official duties.

The three leaders were produced before a Special Court of the Executive Magistrate on Wednesday and could be sent to judicial custody at Tihar Jail.

Why CJP leaders protested at Jantar Mantar

The protest comes amid demonstrations by the CJP and opposition groups over alleged irregularities in the Special Intensive Revision (SIR) of electoral rolls.

The protesters were demanding the resignation of Chief Election Commissioner Gyanesh Kumar. The controversy centres on allegations concerning the electoral roll revision exercise, which the Election Commission and the BJP have denied.

Jantar Mantar was recently removed from the list of designated protest venues in Delhi. The change followed an order naming alternative locations for demonstrations, prompting criticism from groups that want to hold protests at the established site.

CJP legal team raises concerns over detention

Ratna Singh, head of the CJP legal team, said in a post on X that Delhi Police had arrested Saurav Das, Ashutosh Ranka and Ajinkya Shinde at Parliament Street Police Station in connection with the Jantar Mantar case.

Singh alleged that the three were brought to the police station in a private van at around 3 am and were not allowed to meet their lawyers until late at night.

She also raised concerns about the legal process and the possibility of the leaders being sent to judicial custody.

The allegations regarding access to legal counsel were made by the CJP legal team and should be distinguished from the charges registered by the police.

The arrests mark another development in the ongoing dispute over protests at Jantar Mantar and the CJP’s campaign against the Chief Election Commissioner over the SIR exercise.

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BJP focuses on religion as opposition pushes BDM strategy in UP

The BJP is emphasising religious issues ahead of the Uttar Pradesh Assembly elections, while opposition parties are seeking to consolidate Backward, Dalit and Minority voters. Recent exchanges involving Yogi Adityanath, Akhilesh Yadav and Asaduddin Owaisi have added to the political contest over the state’s electoral narrative.

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Ahead of the 2027 Uttar Pradesh Assembly elections, the BJP is emphasising religious issues, while opposition parties are seeking to build a coalition of Backward, Dalit and Minority voters. The competing approaches have brought caste representation and religious messaging to the forefront of the state’s political discourse.

Recent temple-related controversies in Kashi, Ayodhya, Mathura and Sambhal have brought religious messaging back into the political conversation. The developments have also coincided with exchanges between Chief Minister Yogi Adityanath and Samajwadi Party chief Akhilesh Yadav over possible electoral contests.

Yogi Adityanath, Akhilesh Yadav trade election challenges

The latest round of political exchanges followed Yogi Adityanath’s invocation of the “80-20” formula during the Rajya Sabha election. Akhilesh Yadav subsequently challenged the Chief Minister to contest from Ayodhya.

During his visit to Ayodhya, the Samajwadi Party president attended a Bhagwat Katha but did not visit the Ram Mandir for darshan. His visit, during which he attended a Bhagwat Katha but did not visit the Ram Mandir for darshan, became another point of political discussion.

The Chief Minister responded during a visit to Balrampur, asking Akhilesh Yadav to contest against him.

The exchanges continued as political leaders questioned the Samajwadi Party chief’s religious outreach. State minister Om Prakash Rajbhar asked why Yadav had not visited Mathura, while AIMIM chief Asaduddin Owaisi challenged him to contest from Sambhal.

Responding to questions about the challenges, Akhilesh Yadav said the Chief Minister does not decide which candidates the parties nominate.

At a press conference in Lucknow, Yadav also remarked, “What could be better than getting the Chief Minister’s chair without even contesting the election?” His comment suggested that Adityanath might not contest the Assembly elections.

Adityanath, meanwhile, said he was pleased to have several options available to him.

BJP works on its own caste coalition

Alongside its emphasis on religious issues, the BJP is also seeking to broaden its social support base through caste representation.

During the Rajya Sabha elections, the party fielded three candidates from Backward Classes, two Dalits, two Brahmins and one Rajput. The Backward Class candidates included representatives of the Pal, Kurmi and Lodh communities.

The report describes the BJP’s selection of candidates from the Sonkar and Rawat communities as an attempt to attract support among the Gaur and Jatav Dalit vote banks. Its selection of two Brahmins and one Rajput was also part of its outreach to upper-caste voters.

These choices reflect the BJP’s efforts to build a social coalition that extends beyond its religious messaging as the state approaches the next Assembly election.

Akhilesh Yadav balances caste outreach with temple politics

The Samajwadi Party is also combining its BDM approach with religious outreach, described in the report as “soft Hindutva”.

Akhilesh Yadav is overseeing the construction of the Kedareshwar Temple in Etawah. When questioned about not visiting the Ram Mandir during his Ayodhya trip, he said he was waiting for the temple’s “Pran Pratishtha”, or consecration ceremony, implying that the ceremony held in 2024 did not count.

Yadav has also raised the issue of alleged theft of offerings at the Ram Temple, a move the report interprets as an attempt to appeal to Hindu voters.

The competing strategies indicate that caste representation, religious issues and temple-related controversies are all featuring in political messaging ahead of the 2027 Uttar Pradesh Assembly elections.

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