Pivotal ruling: SC nod to passive euthanasia for 32-year-old man
New Delhi, March 11 -- The Supreme Court on Wednesday permitted the withdrawal of life-sustaining medical treatment for a 32-year-old man who has remained in a permanent vegetative state for more than a decade, invoking the timeless Shakespearean dilemma of "to be or not to be" in India's first judicially sanctioned case of passive euthanasia.
A bench of justices JB Pardiwala and KV Viswanathan, in separate but concurring judgments running into 338 pages, allowed the plea filed by the parents of Harish Rana, directing that clinically assisted nutrition and hydration (CANH) being administered to him be withdrawn under a structured palliative care plan at the All India Institute of Medical Sciences (AIIMS), Delhi.
Holding that life-sustaining medical treatment cannot be prolonged when it no longer serves the patient's best interests or dignity, the bench emphasised that the decision was not about choosing death but about refusing to artificially prolong life where medical treatment had ceased to serve any therapeutic purpose.
"Our decision today does not neatly fit within logic and reason alone. It sits in a space between love, loss, medicine and mercy. This decision is not about choosing death, but is rather one of not artificially prolonging life. It is the decision to withdraw life sustaining treatment when that treatment no longer heals, restores, or meaningfully improves life.because survival is not always the same as living," said the bench.
Rana, a former engineering student in Chandigarh and currently a resident of Ghaziabad, suffered catastrophic head injuries in 2013 after falling from the fourth floor of his paying guest accommodation. Since then, he has remained completely unresponsive and bedridden, dependent on feeding tubes for nutrition and hydration.
After years of treatment and therapy, his parents approached the Supreme Court seeking permission to withdraw life-sustaining treatment, contending that continued medical intervention served no therapeutic purpose and merely prolonged suffering.
During the course of proceedings, the court ordered multiple medical evaluations and also interacted personally with Rana's family. The judgment on Wednesday answered a crucial legal question that arose in the case -- whether clinically assisted nutrition and hydration can be treated as medical treatment capable of withdrawal under the passive euthanasia framework recognised in the top court's 2018 Common Cause ruling.
Both the judges held that CANH cannot be regarded as basic care. "The clinical and procedural characteristics of CANH indicate, without an iota of doubt, that CANH cannot be regarded as a mere means of basic sustenance or primary care, but should be recognised as a technologically mediated medical intervention prescribed, supervised and periodically reviewed by trained healthcare professionals," said the judgment authored by justice Pardiwala....
इस लेख के रीप्रिंट को खरीदने या इस प्रकाशन का पूरा फ़ीड प्राप्त करने के लिए, कृपया
हमे संपर्क करें.