'Right to die tied to right to privacy'

NEW DELHI: Relying on its nine-judge bench verdict making right to privacy an intrinsic part of right to life, a five-judge Supreme Court bench on Friday ruled that right to die with dignity was an important component of right to privacy as death fundamentally affected the human life cycle.
Justice Dhananjay Y Chandrachud took the lead in exploring and delineating the inseparable connection between 'right to die' and 'right to privacy' as well as an individual's autonomy over the body and said, “Decisions relating to death, like those relating to birth, sex and marriage, are protected by the Constitution by virtue of the right to privacy.”

Justice Chandrachud said, “Life is not disconnected from death. To be, is to die.” He further said, “Dignity is the core value of life and personal liberty which infuses every stage of human existence. Dignity in the process of dying as well as dignity in death reflects a long yearning through the ages that the passage away from life should be bereft of suffering.

“Dignity in death has a sense of realism that permeates the right to life. It has a basic connect with the autonomy of the individual and the right to self-determination. Loss of control over the body and the mind are portents of the deprivation of liberty.

“In matters as fundamental as death and the process of dying, each individual is entitled to a reasonable expectation of the protection of his or her autonomy by a legal order founded on the rule of law. A constitutional expectation of providing dignity in death is protected by Article 21 and is enforceable against the state.”

He said while death was an inevitable end in the trajectory of human life, individuals were often faced with choices and decisions relating to death. “Just as people value having control over decisions during their lives such as where to live, which occupation to pursue, whom to marry and whether to have children, so people value having control over whether to continue living when the quality of life deteriorates,” he added.