In a first, Supreme Court allows passive euthanasia of man in vegetative state since 2013

The Supreme Court on Wednesday allowed plea for passive euthanasia (withdrawal of life support) of 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 Justices JB Pardiwala and KV Viswanathan passed the judgment after noting that Rana has not been responding to treatment."He experiences sleep–wake cycles but exhibits no meaningful interaction and has been dependent on others for all activities of self-care. Harish has been on CAN administered through a PEG tube, and his condition has shown no improvement," the Bench noted on his condition.Hence, it ruled that the medical board can exercise its discretion on withdrawal of life support in accordance with the guidelines laid down by the top court in its 2018 judgment in Common Cause v. Union of India."In line with our considered view, it would be permissible for the medical board to exercise its clinical judgment regarding the withdrawal of treatment in accordance with the guidelines laid down in Common Cause v. Union of India," the judgment said.This could be the first instance of the Court passing such a direction in an individual case, following its 2018 judgment which laid down the law allowing passive euthanasia.In 2018, a five-judge Constitution Bench had recognised and given sanction for passive euthanasia and living will/advance directives.In that judgment, the top court had ruled that the right to life under Article 21 includes the right to live with dignity, and the same includes the smoothening of the process of dying in case of a terminally ill patient or a person in persistent vegetative state with no hope of recovery..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 had 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the constitution of a Medical Board to examine his condition and to consider whether life-sustaining treatment could be withdrawn in accordance with the guidelines laid down by the Supreme Court in Common Cause v. Union of India.However, the High Court declined to grant relief.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.After hearing the case at length, the court had reserved its verdict on January 15.