New Delhi: The Supreme Court on Wednesday allowed passive euthanasia for a 31-year-old Ghaziabad resident who has remained in a permanent vegetative state for nearly 13 years, after suffering severe head injuries in a fall from the fourth floor while he was a student.
A Bench of Justices J.B. Pardiwala and K.V. Viswanathan permitted withdrawal of life-sustaining treatment for Harish Rana, observing that the medical Board may exercise its clinical judgment in accordance with the guidelines laid down by the apex court in its landmark 2018 ruling in Common Cause vs. Union of India.
Allowing the plea filed by his family, the Justice Pardiwala-led Bench directed that Rana be admitted to the palliative care unit at the All India Institute of Medical Sciences (AIIMS), New Delhi, where the process of withdrawal of medical treatment can be carried out.
“In our considered view, it would be permissible for the medical Board to exercise its clinical judgment regarding the withdrawal of treatment in accordance with the guidelines laid down in Common Cause vs. Union of India,” the apex court said.
Rana has been in a permanent vegetative state with 100 per cent disability and quadriplegia, requiring continuous medical assistance for breathing, feeding, and daily care.
Earlier, the Supreme Court had directed the constitution of a Primary Medical Board to assess whether withdrawal of life-sustaining treatment could be considered.
A team of medical experts that examined Rana at his residence reported that he was lying in bed with a tracheostomy tube for respiration and a gastrostomy tube for feeding, and that the chances of his recovery were negligible.
Subsequently, the apex court also asked AIIMS to constitute a Secondary Medical Board to independently evaluate his condition.
The case originated from a petition filed before the Delhi High Court by Rana’s parents seeking the constitution of a medical Board to examine whether passive euthanasia could be considered.
The Delhi High Court had dismissed the plea, observing that active euthanasia is impermissible under Indian law.
When the matter reached the Supreme Court in August 2024, the top court issued a notice to the Union government and explored whether a humanitarian solution could be found, noting that the parents were struggling to continue caring for their son who had remained in a vegetative state for over a decade.
In November 2024, the apex court disposed of the matter after recording the government’s proposal to provide home-based medical assistance, including physiotherapy visits, nursing care, dietician support and free medicines.
However, liberty was granted to the family to approach the court again if further directions were required.
The parents later moved the Supreme Court again, stating that Rana’s condition had deteriorated and that there had been no improvement despite years of treatment. After hearing the parties and receiving written submissions, the Justice Pardiwala-led Bench had reserved its verdict on January 15 this year.
(IANS)
