The Supreme Court on Wednesday allowed the withdrawal of medical support for a 32-year-old patient, who has been on life support since 2013. Marking the first such ruling, the top court said the process must be carried out in a humane manner.
The patient, Harish Rana, suffered severe head injuries after falling from the fourth floor of an apartment in Chandigarh in August 2013. Since then, he has remained in a vegetative state.
A bench of Justices J B Pardiwala and K V Viswanathan said the medical treatment, including Clinically Assisted Nutrition (CAN), being given to him can be withdrawn. Considering the special circumstances of the case, the court also waived the usual 30-day reconsideration period. It noted that all stakeholders involved were in agreement that the medical treatment should be withdrawn.
The bench also directed AIIMS Delhi to admit Rana to its palliative care department. The hospital will oversee the withdrawal of treatment and ensure proper end-of-life care while preserving his dignity and comfort.
Also Read | Chapter On 'Judicial Graft': NCERT Issues Public Apology, Says Book Withdrawn
The decision came after Rana's family approached the court seeking permission to withdraw medical support under the Supreme Court's 2018 ruling that recognised the legality of passive euthanasia for terminally ill patients.
What Does Passive Euthanasia Mean?
Euthanasia means intentionally ending a person's life to relieve suffering, usually in what is believed to be the person's best interest. It is broadly divided into two types: active and passive euthanasia, the US government's National Library of Medicine explains.
Active euthanasia involves directly causing death by giving a life-ending substance or performing a procedure. On the other hand, passive euthanasia involves allowing a person to die by withholding or withdrawing medical treatment that keeps them alive. This may include stopping life support, medicines or nutrition provided through medical care.
In passive euthanasia, death occurs because life-sustaining treatment is not continued. This is different from assisted dying, where the patient or person themselves takes the final step to end their life. This is typically done with the help of a prescribed life-ending medication.
Also Read | Supreme Court Frames 4 Questions Of Law On Pleas Challenging UGC Regulations
Where Is It Legal?
While assisted dying is legal in a handful of countries, laws permitting euthanasia are more limited and exist under strict conditions. For instance, Switzerland has allowed assisted suicide without the involvement of a doctor since 1942, but does not permit euthanasia.
In April 2002, the Netherlands became the first country to legalise euthanasia, allowing terminally ill patients who are desperate to die to seek assisted deaths. Belgium followed in May 2002. In the US, the state of Oregon has allowed assisted suicide since 1997.
Spain and Austria also permit assisted dying for terminal illness or intolerable suffering. However, in Austria, patients must self-administer the drugs, while in Spain, a medical professional can give them. In New Zealand and parts of Australia, patients can self-administer lethal medication, or it can be given by a doctor or nurse, with time limits based on illness type.
In India, the Supreme Court's 2018 ruling allowed passive euthanasia for terminally ill patients, with or without a living will. In 2023, another bench further eased the withdrawal procedures. In Harish Rana's case, the bench noted the lack of comprehensive end-of-life care laws in India and urged the government to pass legislation for this.
Essential Business Intelligence, Continuous LIVE TV, Sharp Market Insights, Practical Personal Finance Advice and Latest Stories — On NDTV Profit.