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The Supreme Court Wednesday asked the District Hospital, Noida, to constitute a Primary Medical Board to ascertain if medical life-sustaining treatment can be withdrawn from a 32-year-old who has been in a “persistent vegetative state” for the last 12 years and whose condition has worsened.
A bench of Justices J B Pardiwala and K V Viswanathan directed that the report be submitted in two weeks.
The court was hearing a plea by Ashok Rana, father of Harish Rana, praying for passive euthanasia for his son.
The plea referred to the apex court’s 2018 five-judge Constitution bench decision recognising passive euthanasia, wherein an adult human being having mental capacity makes an informed decision in advance to refuse medical treatment, including withdrawal from life-saving devices at the end of life, and lays down conditions and safeguards regarding the execution of such a living will. In January 2023, the Supreme Court modified the order to make it more workable.
Appearing for the petitioner, Advocate Rashmi Nandakumar said the condition of the 32-year-old has gone from bad to worse. She said that he fell ill quite often and is alive only because of the Percutaneous Endoscopic Gastrostomy tube. The counsel submitted that his case be referred to a Primary Medical Board as per the court’s judgment.
“We are not asking for active euthanasia. We are asking for passive euthanasia in which the judgment says life treatment can be withheld,” she said.
Agreeing to the request, the court 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 the 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…,” the court ordered.
It added, “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.”
The court directed the Registry to forward the order to the District Hospital and Additional Solicitor General Aishwarya Bhati.
