The Supreme Court of India has allowed passive euthanasia Harish Rana’s life-sustaining treatment. He remained in a vegetative state for 13 years after a severe head injury. The two judge-bench comprising of J. B. Pardiwala and K. V. Vishwanathan permitted the withdrawal of medical support, including clinically assisted nutrition. The SC directed the All India Institute of Medical Sciences (AIIMS), New Delhi to implement a palliative end-of-life care plan, ensuring that the patient’s final stage is managed with comfort and dignity.
Background
In 2013, while studying engineering in Punjab, Harish fell from the fourth-floor balcony of a building, leaving him in a persistent vegetative state. He remained unresponsive for a decade.
- In 2024, his father approached the Delhi High Court (HC), seeking permission to withdraw life-sustaining treatment.
- In response, HC rejected the request, stating he was not terminally ill.
- Following the judgement of Delhi HC, family approached the SC. The SC then constituted primary and secondary boards in 2025 to evaluate the case.
- After a thorough assessment, both the medical boards concluded that, Rana’s condition was irreversible and there were negligible chances of recovery.
The Supreme Court then allowed the withdrawal of the treatment based on the findings of the medical board.
Difference between active and passive euthanasia
Euthanasia is the deliberate act of ending the life of a person suffering from an incurable disease or irreversible condition to relieve pain and suffering. There are two kinds of euthanasia, those are:
- Active Euthanasia: it involves ending a person’s life through direct intervention, such as a lethal injection. This kind of euthanasia is illegal in India under the Bharatiya Nyaya Sanhita (BNS), 2023 and may amount to culpable homicide or abetment to suicide under criminal law.
- Passive Euthanasia: it involves withdrawing life-sustaining medical treatment such as, artificial nutrition, ventilators or any other medical support. In such cases, death occurs naturally. Passive euthanasia is legal in India. The SC recognized the right to die with dignity as part of the Article 21 of the Constitution of India in Common Cause v/s Union of India (2018).
Procedure for passive euthanasia in India
The procedure is based on SC’s guidelines from Common Cause (2018) and subsequent modifications. The procedure is as follows:
- Constitution of medical boards: Two medical boards must be formed.
- Primary medical board: this is formed at the treating hospital.
- Secondary medical board: this board comprises independent external experts. Both boards must examine the patient and come to a conclusion that the condition of the patient is irreversible and further recovery is not possible.
- Consent of family members: if the patient is not in a condition to make decision for himself/herself, then the consent of family members or legal guardians is required before the withdrawal of life-support measures.
- Withdrawal of life support: the patient is shifted to palliative care after the approval, where life-sustaining equipment is withdrawn in a humane manner.
