The
Supreme Court on Wednesday allowed passive euthanasia for a 32-year-old man who
has been in coma for more than 12 years, permitting the withdrawal of his
artificial life support.
The
order marks the first judicial application of the top court’s 2018 Common Cause
judgment, as modified in 2023, which recognised the fundamental right to die
with dignity and laid down guidelines for passive euthanasia.
A
bench comprising Justices JB Pardiwala and KV Viswanathan passed the order on
an application filed by the father of Harish Rana, who sought the withdrawal of
life-sustaining treatment for his son.
"Harish
Rana, presently aged 32 years, was once a young, bright boy. He met with a
tragic life-altering accident after a fall from the fourth floor of his paying
guest accommodation. His brain injury left him in a condition of Persistent
Vegetative State (PSV) with 100 per cent quadraplegia. Medical reports show
that his medical condition has not improved in the past 13 years," the
bench noted. He is sustaining life only on clinically administered nutrition
(CAN) administered through surgically installed tubes.
The
bench held that clinically administered nutrition qualifies as a form of
medical treatment and can be withdrawn in the best judgment of the primary and
secondary medical boards. The court noted that the continuation of treatment in
Rana’s case merely prolonged his biological existence without any therapeutic
improvement.
It
observed that the patient’s parents, along with the primary and secondary
medical boards, had reached the view that the CAN administered to him should be
discontinued as it was not in the best interest of the patient.
The
bench also stated that once both the primary and secondary medical boards
certify the withdrawal of life support, court intervention is not required.
However,
it noted that since this was the first instance of the guidelines being
applied, the matter had been placed before the Supreme Court.
The top court further stated that the withdrawal of life support must be
carried out in a dignified manner.
The
medical treatment, including clinically administered nutrition being provided
to the patient, shall be withdrawn or withheld.
The
All India Institute of Medical Sciences (Aiims) shall grant admission to the
patient at its palliative care centre so that the withdrawal of CAN can be
implemented.
Aiims
will also provide all facilities to shift the patient from his residence to the
palliative care centre while ensuring that his dignity is preserved.
High
Courts must direct judicial magistrates to receive intimation from medical
boards regarding decisions to withdraw medical treatment.
The Union government shall
ensure that chief medical officers in all districts maintain a panel of
registered medical practitioners who can be nominated to the secondary medical
boards.
Harish Rana has been in a
vegetative state since 2013 after falling from the fourth floor of his house
while he was a student.
His father had earlier
approached the top court in 2024 seeking the constitution of a primary medical
board for his son after the Delhi High Court refused the request.
At that stage, the Supreme Court declined to allow the
plea. However, following the court’s intervention, the Uttar Pradesh government
agreed to take care of the patient’s medical treatment.
The father later filed the present application
stating that his son’s condition had worsened and that he was no longer
responding to treatment.