The Supreme Court on Wednesday, in its first-ever order, allowed passive euthanasia, granting permission to withdraw the artificial life support of a 32-year-old man who has been in a coma for more than 12 years. Passive euthanasia means allowing a patient to die by stopping or not providing life-sustaining treatment.
The court allowed Ghaziabad native Harish Rana to undertake passive euthanasia. Rana was a student of Punjab University who suffered head injuries after falling from the fourth floor of his PG in 2012 and ever since then has been in a coma, marking over a decade-long time.
Medical reports also showed that his condition had not improved for more than 12 years, and he survived only on clinically administered nutrition delivered with the help of surgically installed PEG tubes. The reports of Rana also highlight the negligible chance of his recovery.
The court said that the Clinically Administered Nutrition, a medical treatment, can be withdrawn on the basis of the judgement of the Primary and Secondary Medical Boards.
Both the patient’s parents and the medical board came to the conclusion that the treatment should be stopped, as it was deemed not to be in the best interest of the patient.
A bench led by Justices JB Pardiwala and KV Viswanathan, on Wednesday, directed the All India Institute of Medical Sciences (AIIMS), Delhi, to allow admission in palliative care to Rana so that medical treatment can be withdrawn.
Furthermore, it must be ensured that it is done with a tailored plan so that dignity is maintained, the bench said.
Manish Jain, counsel who appeared on behalf of the petitioner, said “The dilemma between love, medicine and mercy has been cleared. The medical board has been instructed through the SC to remove all the equipment fitted to his body. He will live as long as he can and will be left in his natural state,” while talking to several media outlets.
The order permitting passive euthanasia is based on the Supreme Court’s 2018 judgement in the Common Cause case, later modified in 2023, which recognized the fundamental right to die with dignity.
The Constitution bench had ruled that passive euthanasia falls under the right to life guaranteed by Article 21 and can be implemented through “Advance Medical Directives.”
Following this, on January 24, 2023, a five-judge Constitution Bench revised the 2018 Euthanasia Guidelines in order to ease the process of granting passive euthanasia.
