New Delhi: In a landmark judgement, the Supreme Court, on Wednesday, allowed the withdrawal of life support of a 31-year-old man, who has been on a vegetative state for the past 13 years.
This is for the first time that the Supreme Court has granted permission for passive euthanasia in the country. This procedure is allowed in the country only after the Supreme Court grants permission after studying the opinions of two medical boards.
The Court also directed the Centre to consider bringing a comprehensive law on passive euthanasia.
Harish Rana was a student of Punjab University in 2013, when he fell off the fourth floor of a paying guest accommodation and suffered serious injuries. He was put on life support. Since then, he has been confined to a bed with a tracheostomy tube for respiration and a gastrojejunostomy tube for feeding.
On Wednesday, the bench of Justice J B Pardiwala and Justice K V Viswanathan observed: “‘Gods ask no man if he accepts life, you must take it’. These are the words of (US minister) Henry (Ward Beecher) which hold significance when courts are asked if individuals can choose to die.”
Justice Pardiwala also quoted the well-known phrase from William Shakespeare’s Hamlet, “To be or not to be”, and said it was being used to decide the “right to die”.
The Court said that withdrawal of life support must stand on two grounds – the intervention must qualify as medical treatment, and it must be in the best interests of the patient.
“Harish Rana was once a bright young 20-year-old boy pursuing education at Punjab University when he had a fall from the fourth floor of a building and sustained brain injuries. Harish was discharged, but a brain injury left him in a persistent vegetative state. He experiences a sleep-wake cycle and is dependent on others. The medical report shows no improvement in 13 years,” the Court said.
While a doctor’s duty is to treat a patient, “that duty no longer sustains when the patient has no hope of recovery”, the Court observed.
All India Institute of Medical Sciences (AIIMS) has been directed to move Rana from his home and admit him to the hospital’s palliative care unit so that the medical treatment can be withdrawn.
“It must be ensured that it is withdrawn with a tailored plan so that dignity is maintained,” the bench ordered.
Rana’s family, particularly his elderly parents, cared for him selflessly over the years, the Court noted.
“His family never left his side… to love someone is to care for them even in the darkest times. Our decision today does not neatly fit in logical (lines), but love, life and loss,” it said.
