SC allows passive euthanasia for man in vegetative state for 13 years

The Supreme Court permits withdrawal of life support for a 32-year-old man in a vegetative state for 13 years, applying the passive euthanasia framework under the right to die with dignity

The Supreme Court on Wednesday permitted withdrawal of life-sustaining treatment for a 32-year-old man who has remained in a permanent vegetative state for over 13 years, marking the first judicial application of the passive euthanasia framework recognised under the right to die with dignity.

 

A Bench of Justices JB Pardiwala and KV Viswanathan allowed a plea filed by the man’s father seeking withdrawal of medical support for his son, Harish Rana, who suffered severe brain injury after falling from the fourth floor of his paying guest accommodation.

 

Describing the case, the Court said, “Harish Rana, presently aged 32 years, was once a young, bright boy… His brain injury left him in a condition of Persistent Vegetative State (PVS) with 100 per cent quadriplegia… Medical reports show that his medical condition has not improved in the past 13 years.”

 

 

The Court noted that Rana survives only on clinically administered nutrition through a surgically inserted PEG tube, adding that such nutrition constitutes medical treatment and may be withdrawn when medical boards conclude that continued treatment serves no therapeutic purpose. The two-judge Bench also noted that in the present case, the treatment merely prolonged biological existence without any prospect of recovery. 

 

Both the Primary Medical Board and Secondary Medical Board found that the patient’s chances of recovery were negligible and recommended withdrawal of clinically administered nutrition, a view also supported by his parents.

 

Allowing the request, the Court directed withdrawal of treatment and waived the usual 30-day reconsideration period. It also asked the All India Institute of Medical Sciences (AIIMS) to admit the patient to its palliative care centre and facilitate the process under medical supervision to ensure dignity.

 

The Bench further directed High Courts to instruct Judicial Magistrates to receive intimations from hospitals in cases where medical boards decide to withdraw life support, in line with the 2018 Common Cause judgment. It also recommended that the Union government consider bringing comprehensive legislation on passive euthanasia.

 

Justice Pardiwala, who authored the main opinion, also acknowledged the devotion of the patient’s parents, observing: “His family never left his side… to love someone is to care for them even in the darkest times.”