Supreme Court Seeks Medical Board's Report On Father's Plea Seeking Passive Euthanasia For Son In Vegetative State
Hearing a plea seeking passive euthanasia for a 32-year-old man who has remained in a vegetative state for the past 12 years after falling from a building, the Supreme Court on Wednesday directed the District Hospital in Noida to constitute a Permanent Medical Board in accordance with the guidelines laid down in the Common Cause judgment of 2018.The Court instructed the Board to evaluate...
Hearing a plea seeking passive euthanasia for a 32-year-old man who has remained in a vegetative state for the past 12 years after falling from a building, the Supreme Court on Wednesday directed the District Hospital in Noida to constitute a Permanent Medical Board in accordance with the guidelines laid down in the Common Cause judgment of 2018.
The Court instructed the Board to evaluate the patient's medical condition and submit a report on whether life-sustaining treatment may be withdrawn.
A bench comprising Justice JB Pardiwala and Justice KV Viswanathan passed the order in terms of the 2018 constitution bench judgment in Common Cause, in which the Supreme Court recognised passive euthanasia, and also in terms of the January 2023 modified order, in which the previous guidelines for Living Will/Advance Medical Directive were modified to make it workable. In the 2018 judgment, the Supreme Court recognised the fundamental right to die with dignity.
The Court was hearing an application filed by the father of the man. He had earlier approached the Supreme Court in 2024 seeking passive euthanasia for the son, seeking passive euthanasia. The Supreme Court had then refused to allow passive euthanasia, but on the Court's prodding, the State of Uttar Pradesh agreed to take care of the medical treatment.
The father later filed a Miscellaneous Application saying that the condition of his son has worsened.
The Counsel (appearing for the father), Advocate Rashmi Nandakumar, now submitted that the applicant has been artificially kept alive through the PEG tube, and the father is again seeking that his treatment be withheld since he has 100% disability and will not recover.
"Today, what is happening is that he is falling ill quite often and has been taken to the hospital. Today, what I am asking is that his case, as per your lordship's judgment in Common Cause, be referred to a Primary Board. If the doctors feel his treatment could be withheld, the next step would be the constitution of the Secondary Board and it should be taken before that and his treatment can be withheld...We are not asking for active euthanasia. We are asking for passive in which your lordship's judgment says the life treatment can be withheld," she submitted.
Justice Pardiwally remarked that the young boy is in a "pathetic" condition and allowed for the constitution of a Primary Medical Board.
It ordered: "By this MA, the application, namely Harish Rana, through father Ashok Rana, has prayed for the following reliefs. The main matter that is SLP 18225/2024 came to be disposed of by this court by order dated 8 November 2024. It reads thus.---
It appears from the averments made in the application and also from what is brought to our notice by the learned counsel that the condition of Harish Rana has gone from bad to worse. It is not in dispute that Harish is in a persistent vegetative state. He is suffering from 100% disability quadriplegia. Learned counsel informs us that he is not responding to any treatment and has been artificially kept alive, but his condition has not improved over past 12 years.
Having regard to the condition of the patient, we are of the view that we should direct the District Hospital, Sector 39, Noida, to constitute a Primary Board in terms of the judgment rendered in the Common Cause read with the modification order dated 24 January 2023.
We want the Primary Board to give us a report that life-sustaining treatment can be withheld. Let the Primary Board place its report at the earliest, and once it is before us, we shall proceed to pass further orders. Let this exercise be done within 2 weeks.
Registry to forward this order to the District Hospital and learned ASG Aishwarya Bhati."
Case Details: HARISH RANA Vs UNION OF INDIA|MA 2238/2025 in SLP(C) No. 18225/2024
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