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New Delhi: In a landmark decision, the Supreme Court of India on Wednesday permitted the first instance of passive euthanasia under its 2018 guidelines, allowing withdrawal of life-sustaining treatment for a 32-year-old man who has remained in a vegetative state since 2013.
A Bench comprising Justice J.B. Pardiwala and Justice K.V. Viswanathan passed the order on a plea filed by Ashok Rana seeking permission to withdraw medical support for his son, Harish Rana, who suffered severe injuries after falling from a building more than a decade ago. The Bench had reserved its verdict on January 15.
Medical Boards Found No Chance of Recovery
Two medical boards constituted during the proceedings concluded that Harish Rana had virtually no possibility of recovery.
The court observed that once both the primary and secondary medical boards had recommended withdrawal of life support, judicial intervention was technically unnecessary. However, since this was the first such case under the court’s passive euthanasia framework, the matter was placed before the Bench for final approval.
“It is a very sad report. We cannot keep this boy in this stage,” the Bench had earlier remarked while examining medical reports detailing the patient’s condition.
Shift to AIIMS Palliative Care Centre Ordered
The court directed that Harish Rana be shifted to the palliative care centre at the All India Institute of Medical Sciences (AIIMS), New Delhi, where the withdrawal of clinically administered nutrition (CAN) would be carried out.
“AIIMS shall grant admission to the patient to its palliative care centre so that withdrawal of life support can be implemented in a dignified manner. Ensure that his dignity is preserved,” the Bench ordered. The hospital has also been asked to facilitate the patient’s transfer from his residence to the centre.
Application of ‘Right to Die with Dignity’
The ruling applies the principles laid down in the Supreme Court’s landmark 2018 judgment in the Common Cause vs Union of India case, which recognised the right to die with dignity as part of the fundamental right to life under Article 21.
The guidelines were further simplified in 2023, allowing medical boards to take decisions regarding withdrawal of life-sustaining treatment for patients in a persistent vegetative state.
Under the framework, both a primary and secondary medical board must certify that recovery is unlikely before artificial life support can be withdrawn.
Directions for Nationwide Implementation
The court also issued broader directions to streamline the implementation of passive euthanasia guidelines across the country.
It said High Courts should direct Judicial Magistrates to receive intimation from medical boards regarding decisions to withdraw life support. At the same time, the Union government should ensure that Chief Medical Officers in all districts maintain panels of registered medical practitioners for such medical boards.
Harish Rana had remained bedridden for nearly 13 years, dependent on a tracheostomy tube for breathing and a gastrostomy tube for feeding, with medical experts stating that recovery was medically improbable. The order marks the first judicial application of the passive euthanasia guidelines, providing clarity on how the right to die with dignity can be exercised in cases of prolonged vegetative states.
