SC asks AIIMS to set up board to explore passive euthanasia option for 31-yr-old man

New Delhi, Dec 11 (PTI) Observing that the court cannot allow a 31-year-old man having 100 per cent disability quadriplegia and in vegetative state for 13 years to suffer, the Supreme Court on Thursday asked AIIMS to constitute a secondary board to examine his condition and submit a report on whether life-sustaining treatment can be withheld under passive euthanasia.

Passive euthanasia is the intentional act of letting a patient die by withholding or withdrawing life support or treatment necessary for maintaining life.

A bench of justices JB Pardiwala and KV Viswanathan, which examined the report submitted by a primary board of a Noida hospital, said, "This is very very unfortunate. The boy seems to be in a pathetic condition." Noting that the doctors in their report have said that there is no chance of Harish Rana's recovery as the bedsores are extremely painful, the bench said, "We will have to do something now. We can't allow him to live like this. That's for sure." It said when a patient in a vegetative state suffers from bedsores it means he's not been looked after well and his hygiene is very poor.

"Bedsores are the end of everything. Now, we have waterbeds etc to prevent formation of bedsores. They are extremely painful. Doctors have said in so many words that there is no question of recovery...," Justice Pardiwala said.

Advocate Rashmi Nandakumar, appearing for the father of the patient, said that according to a 2018 judgement of the apex court, the next step is to be followed by referring the case to a secondary board formed by the CMO.

"In this case the primary board already had five experts constituted by the CMO, so it does not require the secondary board reference. The next step is to admit him to a facility where life support can be withdrawn," she submitted.

The top court recorded the finding of the primary board and said that for the purpose of evaluation of his health condition, the CMO was accompanied by four medical experts, who examined the patient and addressed a letter to the principal LLRM medical college Meerut.

"The bare reading of the letter would indicate that the patient is in a pathetic condition. The photographs attached would indicate that he has suffered huge bedsores. The team of doctors are of the opinion that the chances of recovery from the present state is negligible. The patient appears to be in this condition for the past thirteen years.

"In such circumstances we should now proceed to the next step in the process. We should now order that a secondary medical board be constituted for the purpose of examination of the patient. We request AIIMS to constitute the secondary board and give us a report by next Wednesday," the bench said while directing that the letter of excerpts and other documents shall be forwarded to the director AIIMS at the earliest.

On November 26, the top court asked the Noida district hospital to constitute a primary board to explore passive euthanasia for Rana, saying his health condition has gone from bad to worse.

It had asked the district hospital at Noida in sector 39 to file its report within two weeks on an application filed by Rana's father seeking passive euthanasia for him saying his health condition has gone from bad to worse.

"We want the primary board to give us a report that life-sustaining treatment can be withheld. Let the primary board place its report at the earliest, and once it is before us, we shall proceed to pass further orders. Let this exercise be done within two weeks," the bench directed.

This is the second time in as many years that parents of the patient have approached the top court seeking passive euthanasia for their son.

On November 8 last year, the top court took note of the union health ministry's report in which it was suggested that the patient will be in home care with assistance from Uttar Pradesh government and regular visits of doctors and a physiotherapist.

The apex court has said if home care is not feasible, shifting of the boy to district hospital, Noida for ensuring availability of proper medical care considering his health condition.

On August 20, last year, describing the case as a "very hard one", the top court sought the Centre's response on the plea of the parents of Rana, who was a student of Punjab University and had suffered head injuries after falling from the fourth floor of his paying guest accommodation in 2013.

He was completely bedridden and put on an artificial support system for 12 years since 2013.

It had agreed with the findings of the Delhi High Court, which had refused to constitute a medical board to consider the parents' plea that their son be allowed to undergo passive euthanasia.

The top court had said Rana was not on ventilator or other mechanical support to sustain life and rather, was being fed through a food pipe and hence, no case was made out for passive euthanasia.

The court was, however, considerate of the fact that he has been in a vegetative state for over a decade and his old parents are finding it difficult to sustain the life through treatment as they have even sold their house.

In July last year, the Delhi High Court refused to refer Rana's case to a medical board for allowing him to undergo passive euthanasia.

The high court had said the facts of the case indicate that the man is not being kept alive mechanically and he is able to sustain himself without any extra external aid. PTI MNL ZMN