Supreme Court Forms Secondary Medical Board To Assess Passive Euthanasia Plea Of Man In Vegetative State

The Supreme Court on December 11 ordered the constitution of a Secondary Medical Board by the Director, All India Institute of Medical Sciences (AIIMS), for the purpose of evaluating whether passive euthanasia can be given to a 32-year-old man who has remained in a vegetative state for the past 12 years after falling from a building. The Court will hear the matter on 18th December.This comes after the Primary Medical Board constituted by the bench comprising Justice JB Pardiwala and Justice KV Viswanathan last week reported that the man's chances of recovery were negligible. As per the guidelines laid down in the 2018 constitution bench judgment in Common Cause, as modified in the January 2023 order, the Court has to get the opinions of Primary and Secondary Medical Boards before allowing passive euthanasia.On December 11, after perusing the report of the Primary Medical Board -formed by District Hospital, Noida - Justice Pardiwala noted that Harish is in a "pathetic condition". He has been lying on the bed with a tracheostomy tube for respiration and a gastrostomy for feeding. The photographs showed that he has suffered huge bed sores. In such circumstances, the Court found it prudent to proceed with the next step, which is the constitution of a Secondary Medical Board to review the decision of the Primary Medical Board: "The team of doctors are of the opinion that the chance of his recovery from the present state is negligible. Harish appears to be in this vegetative condition past 13 years. In such circumstances, referred to above, we should now proceed to the next stage in the process.In accordance with the decision of this Court in the case of “Common Cause (A Registered Society) vs. Union on India Indian Society of Critical Care Medicine Applicant” Reported in (2023) 14 SCC 131 with the Modification Order Reported in (2018) 5 SCC 1, we should now order that a Secondary Medical Board be constituted for the purpose of examination of Harish. The Board that may be constituted shall be in accordance with the Judgment ofthis Court in Common Cause (supra) read with Modification Order.We request the Director, All India Institute of Medical Sciences, New Delhi to constitute a Secondary Board, as referred to above, and give us a Report by next Wednesday i.e. 17-12-2025."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 and that he is not responding to any treatment.Case Details: HARISH RANA Vs UNION OF INDIA|MA 2238/2025 in SLP(C) No. 18225/2024Click Here To Read OrderAppearance: For Petitioner(s) : Ms. Rashmi Nandakumar, AOR Ms. Dhvani Mehta, Adv. Ms. Yashmita Pandey, Adv. Ms. Ritumbhara Garg, Adv. Mr. Manish Jain, Adv. Mr. Vikash Kumar, Adv. For Respondent(s) : Ms. Aishwarya Bhati, A.S.G. Mr. Amrish Kumar, AOR Ms. Sushma Verma, Adv. Ms. Shreya Jain, Adv. Mr. B. L. Narasmma Shivani, Adv. Mr. Arun Kanwa, Adv. Mr. Sudarshan Lamba (aor), Adv.

Supreme Court Forms Secondary Medical Board To Assess Passive Euthanasia Plea Of Man In Vegetative State

Gursimran Kaur Bakshi

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