NEW DELHI, March 11 : For the first time, the Supreme Court on Wednesday permitted passive euthanasia – the withdrawal of all medical treatment, including Clinically Assisted Nutrition and Hydration – for a 32-year-old youth, who has been in a comatose state for over 12 years.
Permitting the withdrawal of all medical treatment, including Clinically Assisted Nutrition and Hydration, a Bench of Justice J.B. Pardiwala and Justice K.V. Viswanathan said that in the facts and circumstances of the matter, “the reconsideration period of 30 days stands waived, as all stakeholders are unanimous in their opinion that the medical treatment being administered to the applicant be withdrawn and/or withheld.”
The Court directed that AIIMS shall grant admission to the patient Harish Rana in its Palliative Care Department so that the withdrawal and/or withholding of the medical treatment, including CANH, can be given effect to. It further said that AIIMS shall provide all necessary facilities for shifting Rana from his residence to the said Palliative Care Department.
Besides Justice Pardiwala, Justice Viswanathan also wrote a separate judgment penning his thoughts and views independently. Justice Viswanathan concurred with Justice Pardiwala. Taking into account the totality of the circumstances, Justice Viswanathan said, “All the factors cumulatively lead to the sole irresistible conclusion that it will not be in Harish’s best interest to continue with the treatment and artificially prolong his life.”
Speaking for the Bench, Justice Pardiwala said, “Our decision today does not neatly fit within logic and reason alone. It sits in a space between love, loss, medicine and mercy. This decision is not about choosing death, but is rather one of not artificially prolonging life. It is the decision to withdraw life-sustaining treatment when that treatment no longer heals, restores, or meaningfully improves life.”
Having said this, Justice Pardiwala said, “It is allowing nature to take its course when medicine can only delay the inevitable because survival is not always the same as living.”
The judgment, running into 338 pages, says, “Among the manifold truths about human existence that this case reveals, the most enduring is the resilience of love. In our considered opinion, the greatest tragedy in life is not death, but abandonment. Despite the catastrophic tragedy that struck the applicant, his family never left his side. He has been cared for, protected, and cherished at every moment.”
“To us, this unwavering vigil is a testament to the true meaning of love. To love someone is to care for them not just in times of joy, but in their saddest and darkest hours. It is to care for them even when the horizon is devoid of hope. It is to stand by them as they prepare to cross the threshold into the beyond. Ultimately, to love is nothing but to care deeply, softly, and endlessly”, says the judgment.
Addressing the family of Harish Rana, the judgment said, “To Harish’s family, we want to acknowledge the deep emotional weight this decision carries. This decision can feel like an act of surrender, but we believe it is, in truth, an act of profound compassion and courage. You are not giving up on your son. You are allowing him to leave with dignity. It reflects the depth of your selfless love and devotion towards him.”
Stating that throughout the adjudication of the matter, the judges were “gripped by profound sadness”, the judgment said that the issues in this matter have once again brought to the fore the fragility and transient nature of the life we live, and how swiftly the tide can turn for the worse.
“For the past thirteen years, Harish Rana lived a life defined by pain and suffering – a suffering made all the crueller by the fact that, unlike most of us, he was stripped of the ability to even give voice to his anguish.
However, while this case highlights how unforgiving life can be, it is easy to lose sight of another vital fact. We note with immense respect that the applicant’s parents and siblings have stood as unyielding pillars of support. They have exhausted every effort to care for him and continue to do so with unwavering dedication. We can only place on record our deepest appreciation for their boundless love, endurance, and kindness in the face of such adversity,” read the judgement.
The top court’s judgment came on a plea moved by the father of Harish Rana seeking permission to withdraw life-sustaining treatment for his 32-year-old son, who has remained in a comatose state for more than 12 years after falling from the fourth floor of a building, resulting in a severe head injury.
The judgment in the matter was reserved on January 15. (UNI)
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