The Supreme Court of India expressed concern that making paid menstrual leave legally mandatory could unintentionally harm women’s career prospects and employment opportunities.
Key Observations by the Court
Possible Career Impact
The Bench led by Surya Kant cautioned that a mandatory law for menstrual leave could:
Discourage employers from assigning major responsibilities to women.
Reduce employment opportunities for young women.
Lead to workplace bias in hiring or promotions.
Preference for Voluntary Policies
The Court distinguished between:
Statutory mandatory rights, and
Voluntary policies adopted by employers or institutions.
It encouraged voluntary initiatives instead of imposing a compulsory nationwide law.
Context of the Petition
The plea sought a uniform national law granting paid menstrual leave to: Working women and Female students.
The petitioner argued that such leave is linked to dignity and health under Article 21 (Right to Life).
Existing Examples in India
Some states and institutions already provide menstrual leave voluntarily: Odisha, Kerala, and Karnataka.
Certain universities and private organisations have also introduced menstrual leave policies.
International Context
Several countries have adopted menstrual leave policies, including: Spain, Japan, South Korea, Indonesia, Vietnam, and Zambia
The petition also cited India’s commitment under the Convention on the Elimination of All Forms of Discrimination Against Women (CEDAW).
Significance
Raises an important debate on gender equality vs workplace practicality.
Highlights the need for sensitive workplace policies while avoiding unintended discrimination.
[2019] With reference to the Maternity Benefit Amendment Act, 2017, consider the following statements: Pregnant women are entitled for three months pre-delivery and three months post-delivery paid leave. This act applies to all organisations with 20 or more employees. It has made it mandatory for every organisation with 100 or more employees to have a crèche. Which of the statements given above is/are correct? (a) 1 and 2 only (b) 2 only (c) 3 only (d) 1, 2 and 3
The Supreme Court of India refused to direct the government to mandate Nucleic Acid Testing (NAT) in blood banks for screening donated blood before transfusions.
Court’s Decision
A bench headed by Surya Kant declined to issue a judicial order making NAT tests compulsory.
The Court said judges lack specialised expertise in medical science and cost assessment required for such policy decisions.
States also have financial constraints, which must be considered before mandating expensive tests.
Direction Given
The petitioner NGO was allowed to submit representations to State Health Secretaries.
State governments may decide on NAT adoption with the advice of medical experts.
What is Nucleic Acid Testing (NAT)?
NAT (Nucleic Acid Test) is a molecular diagnostic test that detects the genetic material (DNA/RNA) of viruses in blood.
Detects infections such as:
Human Immunodeficiency Virus
Hepatitis B virus
Hepatitis C virus
Advantages
Detects infections earlier during the “window period” before antibodies appear.
More accurate and sensitive than traditional screening tests.
Limitation
Much more expensive, making universal adoption difficult for many public hospitals.
Current Standard Test
Most blood banks in India currently use the Enzyme‑Linked Immunosorbent Assay (ELISA), which detects antibodies against viruses.
Context of the Petition
Filed by an NGO to protect thalassemia patients, who require frequent blood transfusions.
The plea gained attention after several children in Madhya Pradesh reportedly contracted HIV from contaminated blood transfusions in 2025.
Constitutional Argument
The petitioner argued that safe blood transfusion is part of the Right to Life under Article 21, but the Court held that policy decisions involving cost and technology should be taken by governments with expert input.
[2019] With reference to the Constitution of India, prohibitions or limitations or provisions contained in ordinary laws cannot act as prohibitions or limitations on the constitutional powers under Article 142. It could mean which one of the following? (a) The decisions taken by the Election Commission of India while discharging its duties cannot be challenged in any court of law. (b) The Supreme Court of India is not constrained in the exercise of its powers by laws made by the Parliament. (c) In the event of grave financial crisis in the country, the President of India can declare Financial Emergency without the counsel from the Cabinet. (d) State Legislatures cannot make laws on certain matters without the concurrence of Union Legislature.
A KC‑135 Stratotanker crashed in western Iraq, killing all six crew members during the ongoing regional conflict.
Incident Details
The aircraft belonged to the United States Air Force.
The crash occurred during operations linked to Operation Epic Fury.
A second aircraft involved in the mission landed safely.
About the KC-135 Aircraft
Introduced over 60 years ago for aerial refuelling missions.
Typical crew: pilot, co-pilot, and boom operator.
Can carry additional crew or up to 37 passengers depending on the mission.
Plays a key role in extending the operational range of fighter and bomber aircraft.
[2025] With reference to India’s defence, consider the following pairs: Dornier-228: Maritime patrol aircraft IL-76: Supersonic combat aircraft C-17 Globemaster III: Military transport aircraft How many of the pairs given above are correctly matched? (a) Only one (b) Only two (Dornier-228 and C-17 Globemaster III are correctly matched) (c) All the three (d) None
PYQ Relevance[UPSC 2022] How will I2U2 (India, Israel, UAE and USA) grouping transform India’s position in global politics?Linkage: The question examines India’s participation in West Asian minilateral groupings and its shift toward multi-alignment with the U.S., Israel, and Gulf countries. It connects with the debate on whether India’s evolving West Asia policy reflects strategic autonomy or growing alignment with the U.S.-led regional framework.
Mentor’s Comment
West Asia is currently facing a major geopolitical crisis involving Israel, Iran, and the United States. India has traditionally maintained a balanced approach in the region based on strategic autonomy and multi-alignment, maintaining relations with all sides. However, recent developments, such as India’s response to Israeli actions, its engagement with Iran, and participation in the India-Middle East-Europe Economic Corridor (IMEC), have raised questions about whether India’s West Asia policy is gradually moving closer to the United States.
The debate has gained attention in the context of the Israel-Hamas conflict, U.S.-Israel strikes on Iran, rising oil prices, and the safety of nearly 10 million Indians living in the Gulf region, making India’s diplomatic approach in West Asia strategically significant.
Why Has India Traditionally Maintained Strategic Balance in West Asia?
Strategic Autonomy: India historically avoids aligning fully with any single power bloc to maintain independent foreign policy decision-making.
Energy Dependence: West Asia supplies a significant share of India’s crude oil imports, making stability in the region vital for economic security.
As of early 2026, despite India diversifying its energy imports to include more Russian oil, West Asia remains a critical backbone for India’s energy needs, accounting for approximately 49% to 55% of India’s total crude oil imports
Diaspora Protection: Approximately 10 million Indian citizens reside in Gulf countries, contributing substantially to remittance inflows.
Economic Partnerships: India maintains strong trade relations with Israel, Iran, Saudi Arabia, and the UAE simultaneously, necessitating balanced diplomacy.
Connectivity Projects: India supports initiatives such as Chabahar Port and broader regional connectivity to Central Asia and the South Caucasus.
Does India’s Response to the Israel-Iran Conflict Indicate Strategic Alignment with the U.S.?
Diplomatic Silence: India avoided strong criticism of Israeli and U.S. military actions against Iran, reflecting cautious diplomatic signalling.
Prime Ministerial Engagement: The warm diplomatic engagement between Prime Minister Narendra Modi and Israeli Prime Minister Benjamin Netanyahu reinforced perceptions of closer political alignment.
Security Cooperation: Israel remains a major supplier of defence and security technology to India.
Strategic Calculations: Security partnerships sometimes outweigh broader national interests, creating concerns about perceived diplomatic bias.
Why Do Gulf Countries View the Conflict Primarily as Defensive?
Defensive Framing: Gulf countries describe their actions as defensive measures rather than offensive military campaigns.
Regional Stability Concerns: Gulf states aim to prevent the conflict from escalating into a regional war involving Iran.
Air Defence Measures: Active interception of Iranian drones and missiles indicates defensive security responses rather than offensive alignment.
Avoidance of Strategic Alignment: Direct participation in strikes against Iran would signal joining the Israel-U.S. military coalition, which Gulf states seek to avoid.
Why Is India’s Relationship with Iran Strategically Significant?
Connectivity Gateway: Iran provides India with access to Central Asia and the South Caucasus, bypassing Pakistan and Afghanistan.
Chabahar Port Project: The port facilitates India’s trade and connectivity strategy in Eurasia.
Economic Cooperation: Bilateral trade with Iran has historically remained strong despite sanctions.
Strategic Leverage: Engagement with Iran strengthens India’s ability to maintain multi-alignment diplomacy in West Asia.
How Much Does the United States Influence India’s West Asia Policy?
Personal Diplomacy: Close political relations between U.S. President Donald Trump and Israeli leadership influenced regional diplomatic dynamics.
Economic Pressure: U.S. sanctions and tariffs have previously forced India to adjust oil imports and financial transactions involving Iran.
Diplomatic Expectations: The United States expected India to publicly credit Washington for brokering the India-Pakistan ceasefire, reflecting influence attempts.
Strategic Autonomy Challenge: Balancing U.S. strategic expectations while maintaining independent diplomacy remains a core challenge.
What Are the Economic and Strategic Consequences of the West Asia Crisis for India?
Energy Price Shock: Conflict-driven oil price increases threaten India’s energy import bill and inflation stability.
Economic Vulnerability: Rising energy costs risk triggering broader economic stress for developing economies.
Trade Corridor Uncertainty: Instability affects the viability of connectivity initiatives like the India-Middle East-Europe Economic Corridor (IMEC).
Human Security Risk: Escalating conflict threatens the livelihoods of millions of Indians working in the Gulf region.
Can India Play a Diplomatic Role in De-escalating the West Asia Conflict?
Dialogue Facilitation: West Asia lacks an effective regional security dialogue platform.
Track-1.5 Engagement: Government-to-government and expert dialogues can facilitate conflict mediation and confidence-building.
Middle-Power Diplomacy: Countries such as India, China, Russia, Indonesia, Malaysia, and Vietnam possess diplomatic credibility to facilitate dialogue.
Constructive Neutrality: India’s balanced relations with all parties position it as a potential mediator
Conclusion
India’s West Asia policy continues to operate within the framework of strategic autonomy and balanced engagement. However, evolving geopolitical alignments, U.S. influence, and deepening India-Israel ties have created perceptions of strategic tilt. Sustaining credibility as an independent diplomatic actor will require careful balancing of strategic partnerships with long-standing regional relationships, particularly with Iran and Gulf countries.
There is new data highlighting the widening gap between women voters and women representatives in India’s political system. Over the past six decades, women’s participation in elections has grown dramatically. In the 1967 Lok Sabha elections, female turnout was only 55.5% compared to 66.7% for men, a gap of 11.2 percentage points. This gap steadily narrowed and by 2019 and 2024 elections, women voted at nearly the same rate as men. In several State Assembly elections since the 1980s, women voters have even surpassed men, indicating a profound transformation in India’s electoral landscape.
Why has women’s voter participation increased significantly in India?
Electoral Inclusion: Women voters now participate at rates comparable to men due to universal franchise and electoral awareness. The gender turnout gap narrowed from 11.2 percentage points in 1967 to near parity by 2019-2024.
Political Mobilisation: Political parties increasingly target women voters through welfare schemes and campaign strategies, encouraging greater turnout.
Improved Literacy and Awareness: Rising female literacy and social awareness have strengthened participation in democratic processes.
State Election Trends: Women’s turnout has exceeded men’s in several State Assembly elections since the 1980s, indicating sustained growth.
Why does women’s political representation remain low despite high voter participation?
Candidate Nomination Gap: Political parties nominate fewer women candidates despite growing voter participation. Women remain a small minority among total election contestants.
Low Parliamentary Representation: Women constituted only 22 MPs in 1952 and even today remain below 15% in the Lok Sabha.
Nomination Bottleneck: Parties often justify fewer nominations by claiming women candidates are less “electable,” despite evidence showing comparable success rates.
Success Rate Reality: Data shows women candidates often have equal or slightly higher success rates than men, indicating structural barriers rather than electoral disadvantage.
How do structural and social barriers limit women’s political engagement?
Patriarchal Structures:22% of surveyed women identified patriarchy as the primary obstacle preventing entry into politics.
Household Responsibilities:13% cited domestic responsibilities as limiting participation in political activities.
Individual Barriers:12% reported lack of confidence, awareness, or political exposure as obstacles.
Cultural Norms:7% identified restrictive social norms as barriers.
Financial Constraints:6% cited financial barriers, highlighting the cost-intensive nature of electoral politics.
Negative Image of Politics:3% reported concerns about the perceived negative nature of politics.
Why do women face constraints in participating in political campaigns?
Permission Requirement:
64% of women require permission to attend political rallies
62% require permission to attend candidate meetings
63% require permission to join protests
61% require permission to campaign for a candidate
Limited Public Participation: Although women vote in large numbers, their visible engagement in campaigning, mobilization, and political activism remains limited.
Family Influence:58% believe women with political family backgrounds find it easier to enter politics.
How do political parties contribute to the gender gap in representation?
Party Bias:44% believe parties routinely favour men over women candidates, regardless of merit.
Resource Allocation: Male candidates receive greater financial and organizational support.
Political Networking: Male-dominated party structures limit women’s access to political networks and leadership roles.
Candidate Pipeline: Women often lack opportunities to build political careers through party hierarchies.
What does the data reveal about women MPs and candidate trends?
Gradual Growth: The number of women MPs increased from 22 in 1952 to 78 in 2019, but declined slightly to 74 in 2024.
Candidate Numbers:
2014: 726 women candidates
2019: 800 women candidates
2024: 806 women candidates
Small Share: Despite growth, women candidates remain a small fraction of total contestants.
Way Forward
Implementation of Women’s Reservation Act: Ensures 33% reservation in Lok Sabha and State Assemblies, expanding women’s legislative representation.
Political Party Reforms: Introduces mandatory quotas for women candidates in party nominations.
Leadership and Capacity Building: Strengthens training, mentorship, and political leadership programmes for women aspirants.
Financial Support: Provides campaign finance assistance and reduced electoral costs for women candidates.
Leveraging Local Governance: Utilises Panchayati Raj institutions as leadership pipelines for higher political roles.
Social Norm Transformation: Promotes gender-sensitive awareness and education campaigns to address patriarchal barriers.
Conclusion
Women’s political participation in India reflects a dual reality of democratic progress and structural exclusion. Electoral participation has reached near gender parity, demonstrating the success of universal franchise and increased political awareness among women. However, this progress has not translated into proportional representation in legislatures or decision-making structures, revealing deep institutional and socio-cultural constraints within the political system.
PYQ Relevance
[UPSC 2023] Discuss the contribution of civil society groups for women’s effective and meaningful participation and representation in state legislatures in India.
Linkage: The question examines women’s political representation and participation in democratic institutions. The article highlights the paradox of rising women voter turnout but low representation in legislatures, and the need for institutional and societal support mechanisms to enhance women’s participation in politics.
India co-sponsored a resolution at the United Nations Security Council calling for the immediate cessation of attacks by Iran on Gulf countries amid the ongoing West Asia conflict.
Key Points of the Resolution
The resolution was backed by 134 countries.
13 members of the UNSC voted in favour, while Russia and China abstained.
It demands that Iran stop attacks against Gulf Cooperation Council (GCC) countries.
GCC Countries Mentioned
The resolution refers to members of the Gulf Cooperation Council, including: Bahrain, Kuwait, Oman, Qatar, Saudi Arabia, United Arab Emirates, and Jordan (partner country).
Maritime Security Concern
The resolution also condemns attempts by Iran to interfere with navigation through the Strait of Hormuz, a crucial route for global energy supplies.
India’s Position
According to the Ministry of External Affairs:
India prioritises the safety of all civilians in the conflict.
The GCC region is important because:
Around 10 million Indians live and work there.
The region supplies about 50% of India’s crude oil imports and around 90% of LPG imports.
Criticism of India’s Stance
Some former diplomats argued that:
India condemned Iran’s actions but did not explicitly criticise strikes by the United States and Israel against Iran.
Critics say diplomacy should recognise the complexity of the conflict rather than blame a single side.
[2016] Which of the following is not a member of ‘Gulf Cooperation Council’? (a) Iran (b) Saudi Arabia (c) Oman (d) Kuwait
Om Birla stated that every Member of Parliament has the right to speak in the Lok Sabha, but only according to the Constitution, Rules of Procedure, and Standing Orders. His remarks came a day after a motion seeking his removal was defeated in the House.
Constitutional Basis
Freedom of Speech in Parliament: Under Article 105 of the Constitution of India: MPs have freedom of speech in Parliament. However, this freedom is subject to parliamentary rules and procedures.
Key Parliamentary Rules Governing Speeches
Recognition by the Chair: An MP can speak only when recognized by the Speaker. Members cannot stand and speak without permission.
Time is allocated based on: Party strength, Business of the House and Decision of the Speaker.
Agenda-Based Discussions
Members can speak mainly during: Question Hour, Zero Hour, Debates on Bills, Motions and Resolutions, Budget discussions
Rules of Conduct:
Members must:
Address the Chair (Speaker) and not other members directly.
Avoid unparliamentary language.
Speak only on the subject under discussion.
Special Procedures
Certain issues can be raised through specific procedures such as:
Adjournment Motion
Calling Attention Motion
Short Duration Discussion
Points of Order
Role of the Speaker
The Speaker:
Maintains order and discipline in the House.
Decides who speaks and for how long.
Can expunge remarks or suspend members for disorderly conduct.
[2025] With reference to the Indian polity, consider the following statements: I. The Governor of a State is not answerable to any court for the exercise and performance of the powers and duties of his/her office. II. No criminal proceedings shall be instituted or continued against the Governor during his/her term of office. III. Members of a State Legislature are not liable to any proceedings in any court in respect of anything said within the House. Which of the statements given above are correct? (a) I and II only (b) II and III only (c) I and III only (d) I, II and III
The Supreme Court of India ruled that income alone cannot determine the “creamy layer” among OBCs, and clarified how children of private sector and PSU employees should be treated in comparison with those of government servants. The judgment was delivered by Justices P. S. Narasimha and R. Mahadevan.
What is the “Creamy Layer”?
The concept emerged from the landmark Indra Sawhney v. Union of India (1992).
It excludes the economically and socially advanced members of the OBC category from reservation benefits.
Currently, the income ceiling for creamy layer is ₹8 lakh per year.
What the Supreme Court Said
1. Income Cannot Be the Sole Criterion
The Court held that salary income alone cannot determine creamy layer status.
The social position and post of the parents must also be considered.
2. Equality Between Government and Private Sector Employees
The Court addressed discrimination created by a 2004 government clarification:
Earlier:
Salary of private sector and PSU employees was counted in income.
Salary of government employees was not counted.
The Court ruled this creates “hostile discrimination” between similarly placed OBC candidates.
This violates equality principles under:
Article 14 of the Constitution of India
Article 15 of the Constitution of India
Article 16 of the Constitution of India
What Changes After the Verdict
Equal Treatment
Children of PSU and private sector employees will now be assessed similar to government employees, considering the status of the post, not only income.
Benefits for Affected Candidates
Candidates previously denied OBC status in exams (like the Civil Services Examination) may now receive benefits.
The Court allowed the government to create supernumerary posts if necessary to accommodate them.
Background of the Issue
1993 DoPT guidelines excluded salary and agricultural income while determining creamy layer.
A 2004 clarification included salary income for private/PSU employees, causing the dispute.
[2023] Consider the following statements: Statement-I: The Supreme Court of India has held in some judgements that the reservation policies made under Article 16(4) of the Constitution of India would be limited by Article 335 for maintenance of efficiency of administration. Statement-II : Article 335 of the Constitution of India defines the term ‘efficiency of administration’. Which one of the following is correct in respect of the above statements? (a) Both Statement-I and Statement-II are correct and Statement-II is the correct explanation for Statement-I (b) Both Statement-I and Statement-II are correct and Statement-II is not the correct explanation for Statement-I (c) Statement-I is correct but Statement-II is incorrect (d) Statement-I is incorrect but Statement-II is correct
The Supreme Court of India has agreed to examine what constitutes “personal data” and “public data” under the Digital Personal Data Protection Act, 2023, amid concerns that the law may restrict access to information under the Right to Information Act, 2005.
Background of the Case
The petition was filed by journalist Geeta Seshu and the Software Freedom Law Center India.
It was argued by senior advocate Indira Jaising.
The petition claims the DPDP law may:
Restrict journalists’ access to information in the public interest
Allow excessive state surveillance
Weaken transparency provisions under RTI.
Issues Raised in the Petition
1. Restriction on RTI Access
Section 44(3) of the DPDP Act allegedly blocks disclosure of personal information through RTI requests.
The term “public interest” has reportedly been removed, making access to information harder.
2. Lack of Clear Definitions
The petition argues the law does not clearly define: Personal data, Public data, and Information. This ambiguity may allow authorities to deny access to important information.
3. Compensation Concerns
Penalties for data breaches go to the Consolidated Fund of India.
Individuals whose data is violated do not receive direct compensation.
Court’s Observations
The Bench headed by Surya Kant said:
A balance must be maintained between privacy and transparency.
Data privacy should not undermine the public’s right to information.
The Court also noted that data has become a major economic and strategic resource, requiring careful regulation.
What Happens Next
The petitioners have been asked to frame specific legal questions.
The case will be heard further on March 23, 2026.
Significance
The case could shape how privacy laws interact with RTI in India.
It may clarify the scope of personal data in governance and journalism.
The judgment could influence the future of digital rights and transparency in India.
[2024] Under which of the following Articles of the Constitution of India, has the Supreme Court of India placed the Right to Privacy? (a) Article 15 (b) Article 16 (c) Article 19 (d) Article 21
The Supreme Court permitted withdrawal of life-sustaining treatment for 32-year-old Harish Rana, who has been in a vegetative state since a severe head injury in 2013. Applying the framework evolved through the Aruna Shanbaug Case and Common Cause v. Union of India, the Court allowed withdrawal of clinically assisted nutrition after medical boards confirmed the condition was irreversible. It also waived the 30-day reconsideration period, highlighting urgency where treatment is medically futile. The ruling is significant as India still lacks a comprehensive euthanasia law and relies mainly on constitutional interpretation under Article 21 and judicial precedents for end-of-life decisions.
What constitutional principles guide euthanasia decisions in India?
Right to Life with Dignity: Article 21 has been interpreted to include the right to live with dignity, which extends to a dignified death in cases of terminal illness or irreversible vegetative states.
Judicial Interpretation: The Supreme Court clarified that Article 21 does not include a general “right to die”, but it protects patients from being forced to live through invasive or futile medical interventions.
Withdrawal vs Assisted Death: The Court distinguished passive euthanasia (withdrawing treatment) from active euthanasia (intentional administration of lethal substances).
Protection of Patient Autonomy: The constitutional framework recognizes the patient’s autonomy through advanced medical directives (“living wills”).
Ethical Medical Practice: Courts emphasize medical ethics, compassion, and dignity, recognizing the complexity of end-of-life care.
How did judicial precedents shape India’s euthanasia framework?
Aruna Shanbaug Case (2011): The Supreme Court permitted passive euthanasia under strict safeguards, requiring approval from the High Court in each case.
Common Cause Judgment (2018): Recognised advance directives or living wills, allowing individuals to specify refusal of life-prolonging treatment.
2018 Procedural Guidelines: Required two medical boards and judicial verification, but these safeguards proved difficult to implement.
2023 Simplification: The Supreme Court simplified procedures by removing mandatory magistrate approval and enabling hospital-level medical boards to decide.
Current Application: The Harish Rana case represents the first full application of this evolving framework in a real medical scenario.
Why does India still lack a comprehensive euthanasia law?
Legislative Gap: India has not enacted a comprehensive statute governing euthanasia or end-of-life care.
Judicial Governance: Courts have effectively created the framework through constitutional interpretation rather than legislation.
Ethical Sensitivity: Euthanasia debates involve ethical, religious, and cultural sensitivities, slowing legislative consensus.
Medical Complexity: Determining medical futility, patient autonomy, and consent requires careful safeguards.
Policy Vacuum: Absence of statutory law results in procedural ambiguity across hospitals and states.
What procedural safeguards govern withdrawal of life-sustaining treatment?
Primary Medical Board: Hospital forms a board including the treating physician and specialists to assess medical futility.
Secondary Medical Board: Independent board with senior doctors reviews the decision to prevent misuse.
Advance Directive Recognition: Living wills must be documented and stored in digital health records where possible.
Family Consent: Family members participate in decision-making when the patient lacks decision-making capacity.
Hospital Responsibility: Hospitals inform magistrates before withdrawal but do not require judicial approval.
What ethical dilemmas arise in passive euthanasia decisions?
Sanctity vs Quality of Life: Balances the principle of preserving life with human dignity in terminal suffering.
Medical Futility: Raises questions about continuing treatment when recovery is medically impossible.
Family Burden: Long-term vegetative states impose emotional and financial strain on families.
Risk of Misuse: Concerns about coercion, inheritance disputes, or pressure on vulnerable patients.
Healthcare Resource Allocation: Intensive care for irreversible cases may divert limited healthcare resources.
How does India’s euthanasia approach compare globally?
Active Euthanasia Legal: Countries such as Netherlands, Belgium, Canada, and parts of the United States permit physician-assisted dying under strict conditions.
Passive Euthanasia Accepted: Many jurisdictions allow withdrawal of treatment when it is medically futile.
Strict Regulatory Frameworks: Countries that permit euthanasia maintain strong documentation, psychiatric evaluation, and oversight mechanisms.
India’s Model: Focuses on passive euthanasia with strong medical safeguards, avoiding active euthanasia.
Conclusion
The Supreme Court’s decision in the Harish Rana case reinforces the constitutional principle that dignity must extend to the end of life. By clarifying procedural safeguards for withdrawing life-sustaining treatment, the Court has advanced patient autonomy while maintaining strict medical oversight. However, reliance on judicial precedents rather than legislation underscores the need for a comprehensive end-of-life care law in India to ensure clarity, consistency, and protection against misuse.
PYQ Relevance
[UPSC 2023] The Constitution of India is a living instrument with capabilities of enormous dynamism. It is a constitution made for a progressive society.” Illustrate with special reference to the expanding horizons of the right to life and personal liberty.
Linkage: The euthanasia debate emerges from the expanded interpretation of Article 21, where the Supreme Court recognised the right to die with dignity in cases like Aruna Shanbaug and Common Cause.