Health and Me

Ishita Roy

Supreme Court Steps In For 31-year-old's Passive Euthanasia Plea Who Has Been In Vegetative State For 10 Years

The Supreme Court of India has directed a Noida hospital to form a medical board to assess whether life-sustaining treatment can be legally withdrawn for a 31-year-old man who has been in a vegetative state for more than a decade.

This has come from the bench of Justices JB Pardiwala and KV Vishwanathan who noted the young man's condition that deteriorated over the years, despite care. The medical evaluation is now also required to be presented before the court to decide the plea. The hospital has also been told to submit its report within two weeks.

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The bench said, "We want the primary board to give us a report that life-sustaining treatment can be withheld. Once it is before us, we shall proceed to pass further orders."

<h2>What Made The Court Consider <span rel="noindex">Passive Euthanasia</span>?</h2>

This is the case of Harish Rana, whose life changed in 2013 when he suffered severe head injuries after he fell from the fourth floor from his PG accommodation while he was studying at Panjab University. He had been bedridden ever since, and survived on feeding tube. His father filed a petition seeking passive euthanasia under the guidelines Supreme Court had laid down in 2018 under Common Cause judgment. This is the second time the parents have approached the apex court. 

Last year, the court also suggested that Rana could receive home-based care with support from the Uttar Pradesh government. The home-based care includes periodic visits by doctors and physiotherapists. The court suggested that in case home care was not feasible, he could be moved to Noida's district hospital. However, his parents have noted that his condition continued to worsen. Family advocate Rashmi Nandakumar also informed the bench that "nothing seems to be working out".

Also Read: <a href="https://www.healthandme.com/health-news/tini-younger-reveals-losing-baby-girl-to-placental-abruptionwhat-is-this-condition-article-153213742" data-type="tilCustomLink" target="_blank">Tini Younger Reveals Losing Baby Girl To Placental Abruption—What Is This Condition?</a> 

"He is falling ill quite often and is repeatedly admitted to hospital," she said. The advocate further added that the family only sought passive euthanasia, which is withdrawal of treatment, and not any active intervention. 

Justice Pardiwala also read medical reports and observed, "Just look at the condition of the boy. It's pathetic."

<h2>What Is The Common Cause Ruling?</h2>

The<strong> Common Cause ruling</strong> refers to a landmark Indian Supreme Court judgment that involves the NGO Common Cause. This is a 2018 case that recognized 'right to die with dignity' and legalized passive euthanasia and living will. 

Under the ruling, a request for passive euthanasia must be evaluated by a primary medical board and if the board concludes that treatment could be withdrawn, a secondary board will be constituted to verify the decision before taking a final call. 

The registry has been instructed to send Thursday’s order to the Noida hospital and to the office of Additional Solicitor General Aishwarya Bhati.

<h2>A Legal Journey To Die With Dignity </h2>

Rana’s parents have been navigating an incredibly tough journey, caught between differing medical opinions and strict legal requirements. In July 2023, the Delhi High Court declined their request for a medical board, saying Rana did not fall under the criteria for passive euthanasia because he was not on mechanical life support.

The Supreme Court later agreed that he wasn’t being kept alive by machines since he could breathe on his own and was being fed through a tube. But the judges also recognized the overwhelming strain on his elderly parents, who have even sold their home to keep his care going.

By November 2023, the court again suggested that he could be cared for at home, but still did not allow treatment to be withdrawn.

Now, as Rana’s condition worsens and his parents struggle to manage, the court has taken a more urgent stance. It has ordered a thorough medical evaluation to understand whether continuing treatment is simply prolonging his suffering rather than helping him recover.

<h2>What Does India Say About Passive Euthanasia?</h2>

India permits passive euthanasia under strict guidelines, and legalizes only the withdrawal of life support for terminally ill patients. One of the key cases also includes the <strong>Aruna Shanbaug Case (2011)</strong>.

Shanbaug was an Indian nurse who was attacked and strangled in 1973. This attack left her in a persistent vegetative condition for 42 years until her death in 2015. She was admitted in the same hospital she worked as a nurse, at KEM Hospital in Mumbai. The case was brought by her friend, who petitioned the Supreme Court of India to end her life through passive euthanasia. The court, in a landmark judgment, allowed passive euthanasia, and also set new guidelines for the legality of euthanasia in India.

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The Supreme Court of India has directed a Noida hospital to form a medical board to assess whether life-sustaining treatment can be legally withdrawn for a 31-year-old man who has been in a vegetative state for more than a decade.This has come from the bench of Justices JB Pardiwala and KV Vishwanathan who noted the young man's condition that deteriorated over the years, despite care. The medical evaluation is now also required to be presented before the court to decide the plea. The hospital has also been told to submit its report within two weeks.Also Read: 'Facing Breathing Issues After Morning Walk' Says CJI Surya Kant As Delhi's Toxic Air Worsens The bench said, "We want the primary board to give us a report that life-sustaining treatment can be withheld. Once it is before us, we shall proceed to pass further orders."What Made The Court Consider Passive Euthanasia?This is the case of Harish Rana, whose life changed in 2013 when he suffered severe head injuries after he fell from the fourth floor from his PG accommodation while he was studying at Panjab University. He had been bedridden ever since, and survived on feeding tube. His father filed a petition seeking passive euthanasia under the guidelines Supreme Court had laid down in 2018 under Common Cause judgment. This is the second time the parents have approached the apex court. Last year, the court also suggested that Rana could receive home-based care with support from the Uttar Pradesh government. The home-based care includes periodic visits by doctors and physiotherapists. The court suggested that in case home care was not feasible, he could be moved to Noida's district hospital. However, his parents have noted that his condition continued to worsen. Family advocate Rashmi Nandakumar also informed the bench that "nothing seems to be working out".Also Read: Tini Younger Reveals Losing Baby Girl To Placental Abruption—What Is This Condition? "He is falling ill quite often and is repeatedly admitted to hospital," she said. The advocate further added that the family only sought passive euthanasia, which is withdrawal of treatment, and not any active intervention. Justice Pardiwala also read medical reports and observed, "Just look at the condition of the boy. It's pathetic."What Is The Common Cause Ruling?The Common Cause ruling refers to a landmark Indian Supreme Court judgment that involves the NGO Common Cause. This is a 2018 case that recognized 'right to die with dignity' and legalized passive euthanasia and living will. Under the ruling, a request for passive euthanasia must be evaluated by a primary medical board and if the board concludes that treatment could be withdrawn, a secondary board will be constituted to verify the decision before taking a final call. The registry has been instructed to send Thursday’s order to the Noida hospital and to the office of Additional Solicitor General Aishwarya Bhati.A Legal Journey To Die With Dignity Rana’s parents have been navigating an incredibly tough journey, caught between differing medical opinions and strict legal requirements. In July 2023, the Delhi High Court declined their request for a medical board, saying Rana did not fall under the criteria for passive euthanasia because he was not on mechanical life support.The Supreme Court later agreed that he wasn’t being kept alive by machines since he could breathe on his own and was being fed through a tube. But the judges also recognized the overwhelming strain on his elderly parents, who have even sold their home to keep his care going.By November 2023, the court again suggested that he could be cared for at home, but still did not allow treatment to be withdrawn.Now, as Rana’s condition worsens and his parents struggle to manage, the court has taken a more urgent stance. It has ordered a thorough medical evaluation to understand whether continuing treatment is simply prolonging his suffering rather than helping him recover.What Does India Say About Passive Euthanasia?India permits passive euthanasia under strict guidelines, and legalizes only the withdrawal of life support for terminally ill patients. One of the key cases also includes the Aruna Shanbaug Case (2011).Shanbaug was an Indian nurse who was attacked and strangled in 1973. This attack left her in a persistent vegetative condition for 42 years until her death in 2015. She was admitted in the same hospital she worked as a nurse, at KEM Hospital in Mumbai. The case was brought by her friend, who petitioned the Supreme Court of India to end her life through passive euthanasia. The court, in a landmark judgment, allowed passive euthanasia, and also set new guidelines for the legality of euthanasia in India.