‘Who are we to decide who lives or dies?’: SC reserves judgment on euthanasia plea of Delhi man

New Delhi: The Supreme Court on Thursday reserved its judgment on a petition seeking permission to withdraw life-sustaining medical treatment for a 32-year-old man who has remained in a vegetative state for more than 13 years.

While reserving its verdict, the court observed that it would refrain from using the term “passive euthanasia” in its decision. “We decide matters everyday but these issues are delicate. We are also mortals. Who are we to decide who lives or dies?” the Bench said. Justice JB Pardiwala added that the court would consider withdrawing life-sustaining medical treatment.

The case relates to Harish Rana, a resident of Delhi, who suffered severe head injuries and was declared 100% disabled after falling from the fourth floor of his paying guest accommodation in Chandigarh in 2013. The matter drew renewed attention after Harish’s father moved the apex court requesting approval to withdraw life-sustaining treatment. A medical board has stated that his medical condition is irreversible.

Earlier, a Bench of Justices JB Pardiwala and KV Viswanathan said they would like to speak to the man’s parents in person on January 13 before taking a final decision. The court also directed counsel to study the AIIMS report and assist it in passing final orders.

The case arises from an application filed by the man’s father, seeking withdrawal of life-sustaining treatment. Under the Supreme Court’s 2018 Constitution Bench ruling in 'Common Cause', as modified in January 2023, opinions from both primary and secondary medical boards are required before passive euthanasia can be permitted.

A primary medical board had earlier reported that the chances of recovery were negligible. It noted that the patient remains bedridden, requires a tracheostomy for respiration and a gastrostomy for feeding, and has developed severe bedsores.