![[Vegetative State Patient] "This Case Not Eligible for Passive Euthanasia Due to Lack of External Life Support": CJI to Consider Humanitarian Alternatives for Man](https://i0.wp.com/lawchakra.in/wp-content/uploads/2024/08/image-2024-08-20T213548.020.png?fit=790%2C439&ssl=1)
Today, On 20th August, The Supreme Court set to explore humanitarian solutions in response to a plea from the elderly parents of a man who has been in a vegetative state since 2013. After the Delhi High Court denied their request to form a medical board to assess the possibility of euthanasia, the parents turned to the Supreme Court for relief.
New Delhi: The Supreme Court on Tuesday requested the Central government’s response to a petition regarding the care of a 30-year-old man who has been in a vegetative state since 2013.
The man’s elderly parents had approached the Supreme Court after the Delhi High Court rejected their plea to form a medical board to assess whether euthanasia could be considered in his case.
The High Court previously observed that active euthanasia, which involves administering a lethal drug to end life, is not legally permissible in India. Only passive euthanasia, which involves the withdrawal of life support, is allowed under current laws.
In its decision, the High Court noted that the 30-year-old man was not dependent on life support, making him ineligible for passive euthanasia under existing guidelines.
A Supreme Court Bench, led by Chief Justice of India DY Chandrachud and including Justices JB Pardiwala and Manoj Misra, agreed with the Delhi High Court’s ruling on this matter.
The Supreme Court supported the Delhi High Court‘s ruling, stating that passive euthanasia is not applicable in this case under the Common Cause judgment, as the individual is not being kept alive by external life support.
The Court remarked,
“We are in agreement with the High Court’s view that this case does not fall within the scope of passive euthanasia, as there is no external life support,”
However, the Supreme Court has sought a response from the Central government regarding other aspects of the man’s care, noting that his elderly parents are struggling to care for their bedridden son.
The Court stated,
“The Court is mindful that the parents are now aged and cannot care for their son who has been bedridden for 13 years. We will explore if any other humanitarian solution can be found apart from passive euthanasia. Thus, we issue notice to the Centre and request Additional Solicitor General Aishwarya Bhati to assist us,”
The Court also indicated it would consider whether the patient could be placed in an appropriate facility.
Chief Justice of India DY Chandrachud asked ASG Aishwarya Bhati, who responded that she would look into the matter and assist the Court further,
“This is a very difficult case. This person has been in a vegetative state for 13 years in Ghaziabad. We are moved by the plight of the parents. We believe the High Court was correct, as ending his life would require administering something. Is there a place where he can be lodged and cared for?”
In February 2023, the Supreme Court revised its 2018 ruling on passive euthanasia and living wills, removing the requirement for a Judicial Magistrate First Class (JMFC) to sanction and validate a living will or advance directive.
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A living will or advance directive is a document that individuals with declining health or terminal illnesses can prepare in advance. Through this document, they can express their wish not to be kept on life support if they enter a vegetative state and are unable to communicate their preferences.
This document can be presented to a hospital to guide medical decisions if the individual’s health deteriorates to such an extent.
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