Plea to euthanise man in vegetative state since 2013: Supreme Court to explore humanitarian solutions

The Supreme Court on Tuesday asked the Central government to respond to a plea concerning the care of a 30-year-old man who has been in a vegetative state since 2013..His aged parents had approached the top court for relief after the Delhi High Court rejected their plea to constitute a medical board to examine if he could be euthanised.The High Court, at the time, had noted that active euthanasia (mercy killing by actively administering a lethal drug) is not legally permitted in India, and that only passive euthanasia (mercy killing by withdrawal of life support) is allowed. The High Court found that the 30-year-old man, in this case, was not on any life support and that, therefore, he was not a candidate for passive euthanasia. .A Supreme Court Bench of Chief Justice of India (CJI) DY Chandrachud with Justices JB Pardiwala and Manoj Misra today agreed with the verdict of the Delhi High Court on this aspect."The High Court held that passive euthanasia is not permissible as per the Common Cause judgment and that the person was not kept alive mechanically and was alive without external life support. We are in support with view of the High Court, that the case does not fall under the ambit of passive euthanasia, since there is no external life support," the top court said.It, however, sought the response of the Central government on other aspects of his care, since the aged parents before the Court had expressed difficulties in continuing to take care of their bed-ridden son."At the same time, the Court is mindful that the parents are now aged and cannot care for their son who is bed ridden for 13 years and if any other humanitarian solution can be found other than passive euthanasia. Thus we issue notice to the centre and we request Additional Solicitor General Aishwarya Bhati to assist us," the Court said. .The Court indicated that it would examine if the patient can be placed at an appropriate facility."This is a very hard case. This person is in vegetative state since 13 years in Ghaziabad. We are moved by the plight of the parents. We think the High Court was correct, since putting an end to his life would mean injecting something. Is there some place where he can be lodged and be taken care of?" the CJI asked ASG Aishwarya Bhati.She replied saying she would look into the matter and assist the Court in the case..Central government passing the buck by not making law on passive euthanasia: Supreme Court.On a related note, the Supreme Court had in February 2023 modified its 2018 judgment on passive euthanasia and living wills, to do away with the role of Judicial Magistrate First Class (JMFC) in giving sanction and validity to the living will/ advance directive executed by a person.A living will/ advance directive is a document that persons with deteriorating health or the terminally ill can execute in advance, through which they can choose not to remain in a vegetative state with life support system if they enter into such a state when it will not be possible for them to express their wishes. Such a document could then be presented to a hospital for appropriate action in the event the executant’s health worsens.