Legal and Ethical Dilemmas in the “Right to Die” for Terminal Cancer Patients in India: Comparative Insights from Global Jurisdictions

Abstract

The “right to die” for terminal cancer patients is a subject of profound legal, ethical, and cultural debate, especially in India, where societal norms, evolving jurisprudence, and medical ethics intersect. This study examines the legal recognition of passive euthanasia and advance medical directives in India, tracing landmark judgments such as Common Cause v. Union of India (2018) and subsequent regulatory developments. It critically evaluates the ethical dilemmas faced by healthcare professionals in balancing patient autonomy, familial consent, and professional responsibilities, highlighting the challenges posed by limited palliative care infrastructure and cultural sensitivities. Through a comparative analysis of global jurisdictions, including the Netherlands, Switzerland, and Canada, the research identifies international best practices, legal safeguards, and ethical frameworks that can inform Indian policies. The study aims to propose context-sensitive recommendations for strengthening end-of-life care, ensuring patient rights, and harmonizing ethical standards with legal provisions in India.