New Delhi: The Delhi High Court in a recent judgement declined a plea seeking direction for the constitution of a medical board to consider as to whether a man who is in a vegetative state can be allowed to undergo passive euthanasia (Mercy Killing).
The Petitioner Harish Rana who is in a vegetative state for the last ten years had approached the High Court for a direction to constitute a Medical Board to examine his health condition for the administration of passive euthanasia.
The Petitioner through his parents had approached the High Court for a direction to refer the Petitioner to a Medical Board to consider whether the petitioner can be allowed to undergo passive euthanasia.
Justice Subramonium Prasad dismissed the plea seeking Constitution of medical board to examine whether petitioner can be allowed to undergo passive euthanasia.
Justice Prasad held, “The Petitioner is not being kept alive mechanically and he is able to sustain himself without any extra external aid. The Petitioner is thus living and no one, including a physician, is permitted to cause death of another person by administering any lethal drug, even if the objective is to relieve the patient from pain and suffering.”
“In view of the above, this Court is not inclined to accept the request of the Petitioner to refer the Petitioner to a Medical Board to consider as to whether the Petitioner can be allowed to undergo passive euthanasia,” Justice Prasad said in the judgement passed on July 2.
The High Court also referred to the Apex Court Judgments wherein it held that active euthanasia is legally impermissible. The Petitioner is not on any life support system and the Petitioner is surviving without any external aid.
While the Court sympathises with the parents, as the Petitioner is not terminally ill, this Court cannot intervene and allow consideration of a prayer that is legally untenable.
It was stated that the Petitioner, who is 30 years of age, was a student of Punjab University. He suffered head injuries after falling from the fourth floor of his paying guest house.
It was also stated that the Petitioner’s family has done their best to treat him. However, he has been confined to his bed since 2013 due to diffuse axonal injury with Permanent Vegetative state, Quadriplegia with a 100 per cent disability.
Petition stated that the family of the Petitioner has consulted various doctors and they have been informed that there is no scope of recovery of the Petitioner from the present situation.
It was further stated that the Petitioner has not responded for the last 11 years, and has developed deep and large bed sores which have caused further infection. Petitioner’s family has lost all hope for his recovery and is not in a position to take care of the Petitioner as they are getting old.
