In a landmark judgment that has redefined the ‘Right to Die with Dignity’ in India, the Supreme Court on Wednesday allowed the passive euthanasia of 32-year-old Harish Rana. The individual has been in a persistent vegetative state (PVS) for over a decade after suffering a tragic fall and is the first individual to be granted permission for the withdrawal of life support.
In its landmark judgment, the Supreme Court bench headed by Justices JB Pardiwala and KV Viswanathan observed with heavy hearts that the court cannot “keep the boy in this stage for all time to come.”
Redefining ‘life support’: The feeding tube precedent
While the Supreme Court’s judgment on passive euthanasia is a significant step forward, the judgment on the Harish Rana case is even more significant and has provided clarity on the critical grey area regarding life support and medical treatment. In the landmark judgment on the Harish Rana case, the Supreme Court has ruled that feeding tubes and nasogastric tubes are medical treatments and not basic care.
With this ruling, the Supreme Court has paved the way for the withdrawal of life support for patients on feeding tubes and nasogastric tubes, provided there is no hope for recovery.
A father’s plea: From 2013 to the apex court
The case started in 2013 when Harish, a student at that time, met with a serious accident and suffered from 100% quadriplegia after falling from a fourth-floor balcony. The parents took care of him for 13 long years by selling their home to pay for his medical expenses.
Even after medical experts agreed that Harish’s condition could not be cured, the parents were not allowed to withdraw medical support for him since Harish could breathe without a ventilator. The lower court stated that removing Harish’s feeding tubes would amount to “active euthanasia,” which is still not allowed in India. This led to a final plea to the Supreme Court by the parents of Harish.
The implementation: Dignified suffering at AIIMS
To make sure that the case is handled with the highest level of care, the Supreme Court has laid out specific guidelines for Harish’s case:
Harish Rana’s admission to AIIMS: The patient will be admitted to the palliative care department of AIIMS in New Delhi.
Gradual withdrawal of treatment: The withdrawal of medical treatment will be done by a medical board.
Focus on dignity: The court also underscored the fact that the whole process must be conducted in such a manner that the patient does not suffer and his dignity is maintained until the very end.
Impact on future cases
This ruling is expected to act as the manual for all future cases of passive euthanasia that are to be decided in India. In recognising the fact that biological existence maintained through tubes does not amount to a “meaningful life,” the judiciary has filled the void between technology and compassion.
