Supreme Court Directs Formation of Medical Board for Passive Euthanasia Case

Harish Rana's Persistent Vegetative State Prompts Urgent Evaluation by District Hospital, Noida

In a significant development, the Supreme Court of India has issued directives for the formation of a Primary Medical Board at the District Hospital, Sector-39, Noida, to evaluate the condition of Harish Rana, who is in a persistent vegetative state. This decision was made in response to a Miscellaneous Application filed by Rana’s father, Shri Ashok Rana, seeking a determination on the possibility of withholding or withdrawing life-sustaining treatment for Harish, who suffers from 100% disability with Quadriplegia.

The bench, comprising Justices J.B. Pardiwala and K.V. Viswanathan, emphasized the need for a thorough assessment by a medical board, as outlined in the landmark 2018 Supreme Court judgment in the Common Cause v. Union of India case. This case laid down guidelines for passive euthanasia, allowing for the withdrawal of life support for patients with no hope of recovery, provided specific protocols are followed.

The court has instructed that the Primary Medical Board discuss Harish’s condition with his family and physician, and submit a report on whether life-sustaining treatment should be continued. The board’s report, which must be filed within two weeks, will help determine the next course of action.

The judgment also addressed the procedural aspects for states and union territories to implement guidelines regarding the nomination of medical experts to such boards, highlighting the importance of adhering to ethical considerations in cases of passive euthanasia.

In a prior hearing, the court had been informed about viable solutions for Harish’s care, including home care supported by government resources or hospitalization at Noida’s District Hospital. Harish’s parents had agreed to these suggestions, but recent developments necessitated further judicial intervention due to Harish's deteriorating condition.

This judgment underscores the judiciary's role in balancing ethical considerations with legal mandates in sensitive cases involving end-of-life decisions. The court’s approach aims to ensure that decisions regarding passive euthanasia are made with due consideration of medical, ethical, and familial perspectives, in line with established legal guidelines.

Statutory provision(s): Article 226 of the Constitution of India, Guidelines from Common Cause v. Union of India case (2018), Passive Euthanasia Guidelines

Harish Rana v. Union of India, (SC) : Law Finder Doc Id # 2812895