Supreme Court Moves Closer to Granting First Passive Euthanasia Approval

New Delhi: The Supreme Court of India has shown new direction in what may be the first judicially sanctioned case of passive euthanasia. The court has ordered the formation of a secondary medical board at AIIMS, New Delhi, which will evaluate whether a person's life support and treatment can be removed or not. The man has lived in a vegetative state for nearly a decade, and the case is now before the court for the first time on its way to approving passive euthanasia. 

The patient's condition is very serious and painful

The Supreme Court bench has described the condition of this 31-year-old youth as “very pathetic.” He has been in a semi-conscious state for the past 13 years with 100% disability and severe health deterioration, resulting in deep and painful bedsores. Doctors have said that there is no possibility of improvement in his condition.

The court said that when the patient is going through such a difficult condition in a vegetative state and there are no signs of relapse, then it can be considered a case worthy of proceeding. The bench clarified that the necessary medical examination and legal process should now be decided to take it forward, and hence the formation of a separate medical board is necessary. 

Role of AIIMS Medical Board

The Supreme Court has directed AIIMS to constitute a secondary medical board, whose report has to be submitted to the court by December 17. The court will then decide whether it is legally possible to remove life support such as feeding tubes and clinically assisted hydration from the patient. 

This order comes after the preliminary medical board's observation given on November 26, which had visited the patient's home and inspected his condition. The board formed at that time had said that the chances of recovery of the youth were negligible and the situation was serious.

Legal context of passive euthanasia

Passive euthanasia is legally recognized in India after the 2018 Common Cause judgment, in which the Court held that the option of removing life support from a terminally ill or coma-like patient is possible under a legal process. In this decision, many security measures and the need for medical examination were also mentioned. 

Since this decision, many families have approached the Supreme Court, such as in the case of Harish Rana, where his parents had sought permission for passive euthanasia for their son, who had been in a vegetative state for years. 

Now after the report of the AIIMS board, the court will decide to what extent medical aid can be legally stopped. This decision may provide a no-forward direction not only for this individual but also in future cases where treatment shows no improvement and the patient's dignity and suffering are at issue.