Dr. Rajshree Nagaraju v. Union of India and Ors.

April 2, 2024
Case No. W.P. (C) No. 138 of 2024 Date of Filing 18/01/2024 Status Pending Petitioners Dr. Rajshree Nagaraju Respondents Union of India and Ors.

CLPR represents educator and social worker Dr Rajshree Nagaraju, in a writ petition filed in the Supreme Court, for the implementation of a framework for palliative care in India and recognition of a right to it. Palliative care is an interdisciplinary approach that aims at improving the quality of life of both terminally ill patients and their caregivers. It provides physical, emotional, psychosocial, spiritual and rehabilitative interventions.

 

On 07 March 2024, the Supreme Court admitted the writ petition, issuing notice to the Union and State Governments and directing the Union to file a detailed reply on steps taken and policies in place for palliative care for terminally ill patients.

 

The petition argues, inter alia, that the right to die with dignity comes within the fold of right to live with dignity as well as the right to health under Article 21 of the Constitution of India. It is also a part of the human right to health and has been internationally recognized as such. India currently has no framework or a clear declaration of a right to palliative care.

 

On 13 October 2025, Senior Advocate Jayna Kothari, appearing for the petitioner, submitted the 2017 National Programme for Palliative Care Guidelines issued by the Ministry of Health and Family Welfare in response to the Counter Affidavit filed by the Union submitting that adequate steps had not been taken to implement the 2017 Guidelines. The Hon’ble Court granted the respondents three weeks to collect state-wise data and report on the implementation of these guidelines.

 

The matter is next listed for 25 November 2025.