‘Will have to do something’: Supreme Court tells AIIMS to set up board to examine patient in comatose state for 13 years

In 2018, a five-judge constitution bench of the SC recognised passive euthanasia and laid down conditions and safeguards regarding the execution of such a living will. In January 2023, the court modified the order to make it more workable and less stringent.

‘Harish is in a pathetic condition’

On November 26, the apex court asked the Noida District Hospital to constitute a Primary Medical Board to examine Harish Rana so that it could decide his father Ashok Rana’s plea for permission to withdraw his medical facilities.

In pursuance of the November 26 order, the chief medical officer (CMO), Ghaziabad, visited Harish Rana’s residence, along with a team of four medical experts. The experts examined Harish, and wrote a letter to the principal, Lala Lajpat Rai Memorial Medical College (LLRM), Meerut.

The court, which perused the letter, said, “The bare reading of the letter would indicate that Harish is in a pathetic condition. He was found to be lying on a bed with tubes for respiration and feeding. The photographs attached with the letter would indicate that he has suffered huge bed sores. The team of doctors are of the opinion that the chance of his recovery from the present state is negligible.”

The bench said Harish “appears to be in this condition for the past 13 years” and that “in such circumstances…we should now proceed to the next process.”

“In accordance with the decision of this court… We should now order that a secondary medical board be constituted for the purpose of examination of Harish. The Board that may be constituted shall be in accordance with the judgment of this court… We request the director, AIIMS, New Delhi, to constitute the secondary board, and give us a report by next Wednesday, December 17. Matters to come up on Thursday, December 18.”

The bench also directed that the letter addressed by the medical experts to the Principal, LLRM, and other documents be forwarded to the AIIMS director at the earliest.

‘No chance of any recovery’

Justice Pardiwala termed the episode “very unfortunate”.

“These bed sores are extremely painful, and when a patient in vegetative condition suffers from bed sores, that is an indicator that he is not being looked after well. His hygiene is very poor. Bed sores are something almost at the end of everything. Because he is in a vegetative state, he must not be moving. He has to be cleaned at least 2 or 3 times every day. There has to be blood circulation,” Justice Pardiwala remarked orally.

“Now, we have some sophisticated beds like water beds, etc, to prevent formation of bed sores… Doctors have said, in so many words, that there is no chance of recovery. So, his condition is to remain like this. We don’t know how long he is destined to live.”

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

The apex court, on November 8, 2024, took note of a Union Health Ministry report that suggested Harish will be in home care, with assistance from the Uttar Pradesh Government and regular visits from doctors and a physiotherapist. The court also said he should be shifted to the Noida district hospital, if home care is not feasible.