NEW DELHI: The Supreme Court on Wednesday allowed passive euthanasia for a 32-year-old man, Harish Rana, who has been in a comatose condition for more than 12 years, by permitting the withdrawal of his artificial life support. This could be the first instance of passive euthanasia in the country allowed by the apex court.
Passive euthanasia refers to the intentional act of allowing a patient to die by withholding or withdrawing life support or treatment necessary to keep the patient alive.
Harish Rana suffered severe head injuries after falling from the fourth floor of a building in 2013 and has remained in a coma for over a decade.
“In the present matter, withdrawal of treatment could have been carried out when the primary and secondary medical boards so certified. There would ordinarily be no need for the court’s intervention. Since this was the first case, however, a reference to the court was considered necessary. Withdrawal of treatment must be humane. It necessitates a proper structure,” said a two-judge bench of the apex court headed by Justice J B Pardiwala and Justice K V Viswanathan.
Before reserving its verdict on January 15, the bench heard detailed submissions from Additional Solicitor General Aishwarya Bhati, appearing for the Union government, and advocate Rashmi Nandakumar, representing Rana’s father, Ashok Rana.
The court directed the All India Institute of Medical Sciences (AIIMS), New Delhi, to admit Rana and provide all necessary facilities to carry out the withdrawal of the life support system.
In an emotionally worded judgment, the court also noted that Rana’s family had never left his side. “To love someone is to care for them even in the darkest times. Our decision today does not neatly fit into logic but into the realities of love, life and loss. The family has cared for Harish Rana selflessly,” the court observed.
It further held that while doctors have a duty to provide treatment, that duty no longer continues when the patient has no hope of recovery and treatment merely prolongs biological life.
The court passed the order for withdrawal of medical treatment after considering several factors, including the medical boards’ reports, doctors’ opinions, and the lack of any possibility of recovery.
“Whether it is in the best interest to prolong his life and what factors should be considered must be assessed holistically. The patient’s next of kin and the medical boards have reached the opinion that CAN administration should be discontinued,” the bench said.
During the proceedings, the court also met Ashok, Rana's father.
As per the guidelines laid down in the 2018 Constitution Bench judgment of the Supreme Court in the Common Cause case, as modified by the January 2023 order, courts must obtain the opinions of both primary and secondary medical boards before allowing passive euthanasia.