‘Man in vegetative state for 12 years’: SC tells Noida hospital to weigh passive euthanasia option

Harish, who was a student of Punjab University, had suffered head injuries after falling from the fourth floor of his paying guest accommodation in 2013. Since then, he has been completely bedridden and put on an artificial support system.

This is the second time in as many years that his parents have approached the Supreme Court seeking passive euthanasia for Harish.

On November 8 last year, the SC took note of a Union Health ministry report in which it was suggested that Harish will be in home care with assistance from Uttar Pradesh government and regular visits of doctors and a physiotherapist. The SC had said if home care is not feasible, he should be shifted to the Noida district hospital.

Appearing for the petitioner, advocate Rashmi Nandakumar said on Thursday that Harish’s condition has gone from “bad to worse”. She added that Harish is falling ill quite often and is alive only because of the Percutaneous Endoscopic Gastrostomy tube.

She submitted that his case be referred to a Primary Medical Board. “We are not asking for active euthanasia. We are asking for passive euthanasia in which this court’s judgment says the life treatment can be withheld to end suffering,” she said.

Nandakumar was referring to SC’s 2018 five-judge constitution bench decision recognising passive euthanasia and laying down conditions and safeguards regarding execution of such a living will. In January 2023, the SC had modified the order to make it more workable and less stringent.

The court, agreeing to Nandakumar’s request, said, “It is not in dispute that Harish is in a persistent vegetative state. He is suffering from 100% disability quadriplegia. Learned counsel informs us that he is not responding to any treatment and has been artificially kept alive, but his condition has not improved over past 12 years. Having regard to the condition of the patient, we are of the view that we should direct the District Hospital, Sector 39, Noida, to constitute a Primary Board in terms of the judgment…”

“Let the Primary Board place its report at the earliest, and once it is before us, we shall proceed to pass further orders. Let this exercise be done within two weeks,” it added.

The court directed the Registry to forward the order to the District Hospital and Additional Solicitor General Aishwarya Bhati.