Good Death, Bad Death, and the Right to Die: A Socio-Legal Study

Abstract

Death in India is not merely a biological event but a significant moral, religious, and social phenomenon that is increasingly shaped by legal considerations. Notions of a good death and a bad death are rooted in cosmology, religious practices, and medically advanced institutions. Varanasi, an ancient city of India, also known as a city of salvation, is deeply rooted in the belief that dying within its sacred boundaries leads to moksha, or liberation from the cycle of birth and rebirth. This belief shapes a culturally specific understanding of a good death. Alongside these traditions, Indian jurisprudence has progressively recognized the right to die with dignity. Beginning with Aruna Shanbaug v. Union of India (2011), which cautiously permitted passive euthanasia under High Court supervision, through Common Cause v. Union of India (2018), which affirmed living wills and constitutional dignity, and culminating in Harish Rana v. Union of India (2026), where the Supreme Court directly permitted withdrawal of life support, the legal landscape now provides structured safeguards for end-of-life decisions. While drawing briefly on the example of Varanasi as a culturally significant site of dying, the analysis extends to the broader Indian context. This paper situates cultural notions of death within India’s evolving socio-legal framework, highlighting the interplay of religion, morality, and constitutional law.