Last Week, Supreme Court passed its first order allowing Passive Euthanasia.
Understanding the Case
- 32 year old Harish Rana suffered a severe brain injury in 2013 and remained in a vegetative state.
- In 2024, his father approached the Delhi High Court seeking permission to withdraw life-sustaining treatment.
- The High Court rejected the plea because Rana was not on mechanical ventilation and could breathe independently.
- The family then approached the Supreme Court.
- Two medical boards constituted by the Court concluded that his condition was irreversible with negligible chances of recovery.
- SC finally permitted withdrawal of treatment and directed AIIMS to provide palliative end-of-life care, ensuring dignity and comfort in his final stage.
Why This Case is Legally Significant?
- A key legal question was whether artificial feeding through a PEG tube is simply basic nourishment or medical treatment.
- The Court clarified that Clinically Assisted Nutrition and Hydration (CANH) is a medical intervention.
- It requires clinical supervision and professional judgment.
- Therefore, it can legally be withdrawn if it becomes medically futile.
- This classification was decisive because only medical treatment can be withdrawn under India’s passive euthanasia framework.
Active vs Passive Euthanasia
- There are 2 types of Euthanasia
1) Active Euthanasia
- Directly causing death through an action. For example a lethal injection.
- Illegal in India and may amount to culpable homicide or abetment of suicide.
2) Passive Euthanasia
- Withdrawing or withholding medical treatment that artificially prolongs life.
- Permissible under constitutional safeguards.
The “Best Interests of the Patient” Test
- While deciding for Euthanasia, Courts must evaluate whether continuing treatment actually benefits the patient.
Factors considered include:
1) Medical prognosis
2) Possibility of recovery
3) Burden of continued medical intervention
4) Whether the patient is living without awareness, autonomy or interaction
Landmark Judgements shaping Passive Euthanasia law
1) Aruna Ramchandra Shanbaug v. Union of India (2011)
- This was the first judgment where Passive Euthanasia was legalised.
- Can be allowed in only exceptional circumstances and has to be approved by the concerned High Court
2) Common Cause Vs Union Of India
- The Court held that the right to die with dignity is a part of the fundamental right to life under Article 21.
- Individuals were allowed to record their wishes in advance through living will regarding refusal or withdrawal of medical treatment.
- The Court prescribed a structured process involving hospital medical boards and documentation.
SC Procedural Directives for Future Cases
- SC has urged the Union Government to enact a comprehensive law on end of life care.- HC must instruct all Judicial Magistrates to receive and process hospital intimations regarding medical board decisions on passive euthanasia.