Thread by @lawbarandbench

[Harish Rana v. Union of India]

Supreme Court hears plea seeking permission for passive euthanasia

The matter is being heard by Justices J.B. Pardiwala and K.V. Viswanathan.

Advocate Rashmi Nandakumar: Harish Rana was in his late teens when he fell from the fourth floor of a Chandigarh apartment and has since been in an incurable and vegetative state with 100 percent MR.

Advocate Rashmi Nandakumar: Harish Rana has been receiving clinically assisted nutrition and hydration, which is a form of mechanical life support.

The counsel referred to the Supreme Court landmark case of Common Cause vs Union of I

Advocate Rashmi Nandakumar: The medical board is of the following opinion, eh, Mr. Harish Rana has non-progressive, irreversible brain damage following severe traumatic brain injury with diffuse accidental injury.

Advocate Rashmi Nandakumar: He fulfils the criteria of permanent vegetative state and has been in the state for the past 13 years. The continued administration of clinically assisted nutrition and hydration is required for the sustenance of his survival.

Advocate Rashmi Nandakumar: Passive euthanasia occurs when medical practitioners do not provide life-sustaining treatment, that is, treatment necessary to keep a patient alive, or remove patients from life-sustaining treatment.

ASG Aishwarya Bhati: My lords had only asked us to assist. We did a comprehensive research and we saw that there has been no implementation of directions of Common Cause. For the first time, lordship.

ASG Aishwarya Bhati: Here, my lords, unfortunately, Harish Rana has been in a state of complete inertness. His eyes do not track. He does not respond to fear or forceful objects coming in front of his eyes or contemplation, my lord. There is a lot of change, my lords.

Court: We heard Rashmi Nandakumar and learned ASG Aishwarya Bhati for Union of India. Both have filed their written submissions with case laws they propose to rely on. Arguments concluded. Judgment reserved.

J. Pardiwala: Thank you, Ms. Bhati. Thanks, Rashmi. We appreciate the effort put in. We do decide matters every day. These are very delicate issues. We are mortals and we feel, who are we to decide about someone’s life.