Noida hospital told to explore passive euthanasia for man in 12-year ‘vegetative’ state

Representative image of a hospital corridor

The Supreme Court has instructed a Noida district hospital to establish a medical board to assess a father’s plea for passive euthanasia for his 31-year-old son, who has been in a permanent vegetative state for over a decade.

A bench of Justices JB Pardiwala and KV Viswanathan directed the District Hospital in Sector 39, Noida, to constitute a “primary board of doctors” and submit its medical assessment within two weeks in a sealed cover. The court defined the board’s task as determining “whether the life-sustaining treatment can be withheld or in other words withdrawn.” The matter is scheduled for a subsequent hearing on December 11.

The application was moved by Ashok Rana, the father of Harish Rana. According to the plea, Harish became quadriplegic in August 2013 after falling from the fourth floor of his accommodation while pursuing a BTech at Punjab University. For the past 12 years, he has been entirely bedridden, sustained by tubes for breathing and nutrition and has been treated at multiple hospitals.

Advocate Rashmi Nandakumar, representing the father, informed the court that while a previous petition in 2023 resulted in an order for state-funded treatment, Harish’s health has deteriorated significantly. She described his current state as “pathetic,” stating he is not responding to treatment and is being kept artificially alive. The bench itself observed, “Just look at the condition of the boy. It's pathetic.”

This appeal to the top court follows a series of legal setbacks for the family. Last year, the Delhi High Court dismissed a similar plea, observing that Harish was “not being kept alive mechanically” and was “able to sustain himself without any extra external aid.”

The High Court had concluded that as he was not terminally ill and not on a life-support system, his case was “legally untenable” for passive euthanasia. The Supreme Court initially declined the request for passive euthanasia on November 8, 2024.

However, in that November ruling, the Supreme Court had mandated comprehensive home-care for Harish with assistance from the Uttar Pradesh government. This included regular visits from a physiotherapist, dietician and medical officer, nursing care and the provision of all necessary medicines and consumables free of cost. The court had also stated that if home-care proved unfeasible, he could be shifted to the Noida district hospital.

The father’s latest application, filed in the disposed-of petition, narrows its focus to seeking a referral to a primary medical board as per the procedure established by the Supreme Court’s 2023 guidelines on passive euthanasia. The plea argues that such a determination is “imperative to safeguard the dignity of the petitioner, which is an integral facet of the right to life under Article 21 of the Constitution.”

The 2023 Supreme Court ruling laid down a meticulous procedure for passive euthanasia, requiring a Primary Board to assess patients in a permanent vegetative state. If this board certifies that treatment can be withdrawn, a Secondary Board must re-examine the case. Only with endorsement from both boards can a hospital proceed, after intimating the relevant judicial magistrate and the patient’s family.

(With PTI inputs)