The Supreme Court on Thursday reserved its verdict on a plea to withdraw life support for 31-year-old Harish Rana, who has remained in a permanent vegetative state since 2013 after falling from a building [Harish Rana v. Union of India]..A Bench of Justice JB Pardiwala and Justice KV Viswanathan today observed that the case involved delicate issues. “These are very delicate issues. We decide matters every day, but who are we to decide about someone’s life? We are mortals,” the Court said..Harish Rana, now around 31 years old, suffered a grievous accident in August 2013 after falling from the fourth floor of his paying guest accommodation while pursuing his BTech degree in Chandigarh.Rana sustained a severe traumatic brain injury and has since remained in a permanent vegetative state.His family has moved the Court seeking the withdrawal of life-sustaining treatment rendered to Rana in the form of clinically assisted nutrition and hydration (CANH), administered through a PEG tube..Earlier, his parents had approached the Delhi High Court seeking the constitution of a Medical Board to examine his condition and to consider whether life-sustaining treatment could be withdrawn in accordance with the guidelines laid down by the Supreme Court in Common Cause v. Union of India.However, the High Court declined to grant relief. It held that Harish Rana was not on mechanical life support and was able to sustain himself without external aid. The Court further held that since he was not terminally ill, the question of passive euthanasia did not arise.The parents then challenged the Delhi High Court order before the top court in 2024, seeking the constitution of a Primary Medical Board for their son.The top court initially declined to grant that relief, but gave liberty to the parents to approach it again if further directions were required.As Rana’s condition remained unchanged and irreversible, his father filed the present petition seeking the withdrawal of life-sustaining treatment for his son..Representing Rana's family, Advocate Rashmi Nandakumar submitted that Harish Rana has been in an irreversible and incurable state with 100 per cent disability since the accident.“He fulfils the criteria of a permanent vegetative state and has been in this condition for the past 13 years. The continued administration of clinically assisted nutrition and hydration is only for sustaining biological survival,” she said.Referring to the judgments in the Gian Kaur, Aruna Shanbaug and Common Cause cases, she argued that the Supreme Court has consistently recognised that the right to life under Article 21 of the Constitution includes the right to die with dignity.She submitted that once the Primary and Secondary Medical Boards conclude that life-sustaining treatment may be withdrawn, the process comes to an end.“Both the reports in this case say that he cannot return to his original state. As of today, the process must end there,” she argued..Additional Solicitor General (ASG) Aishwarya Bhati, who had earlier been requested to assist the Court in the matter, also made submissions today.She informed the Court that the directions issued by the Supreme court in the Common Cause case remained largely unimplemented“Unfortunately, Harish Rana has been in a state of complete inertness. His eyes do not rack. He does not respond to fear or forceful objects. There is significant deterioration, My Lords,” Bhati added.After considering the matter at length, the Court reserved its verdict. .Follow Bar and Bench channel on WhatsAppDownload the Bar and Bench Mobile app for instant access to the latest legal news.
