The Supreme Court on Wednesday passed its first-ever order permitting passive euthanasia in terms of the 2018 Common Cause judgment (as modified in 2023), recognising the fundamental right to die with dignity. A bench comprising Justice JB Pardiwala and Justice KV Viswanathan allowed the withdrawal of all life-sustaining treatment, including Clinically Administered Nutrition (CAN) through PEG tubes, for 32-year-old Harish Rana, who has remained in a permanent vegetative state with 100% quadriplegia since a fall from the fourth floor of his paying guest accommodation 13 years ago.

The Court noted that medical reports confirm no improvement in Harish Rana’s condition over the past 13 years. He is sustained solely through CAN administered via surgically installed PEG tubes. The bench held that CAN qualifies as medical treatment and can be lawfully withdrawn when the Primary and Secondary Medical Boards, along with the patient’s parents, unanimously opine that continuation merely prolongs biological existence without any therapeutic benefit.

Observing that the patient’s parents and both medical boards had reached the considered view that withdrawal of CAN is in the patient’s best interest, the Court waived the mandatory 30-day reconsideration period. It directed AIIMS to admit Harish Rana to its palliative care centre immediately, provide all facilities for shifting him from his residence, and ensure that life support is withdrawn in a dignified and humane manner through a tailored plan.

The bench issued further directions to streamline the process across the country. All High Courts were directed to instruct Judicial Magistrates to receive intimations from hospitals whenever Primary and Secondary Medical Boards unanimously decide to withdraw or withhold life support. The Union of India was directed to ensure that Chief Medical Officers in every district maintain a panel of Registered Medical Practitioners for nomination to Secondary Medical Boards.

The Court also recommended that the Union Government bring comprehensive legislation to govern passive euthanasia. Justice Pardiwala, authoring the main judgment, recorded special appreciation for Harish Rana’s parents, stating: “His family never left his side… to love someone is to care for them even in the darkest times.” Justice KV Viswanathan penned a concurring opinion.

This order marks the first judicial application of the detailed procedure laid down in the 2018 Common Cause judgment and its 2023 modification. The matter had earlier reached the Supreme Court through a miscellaneous application filed by the father after the Delhi High Court dismissed the plea in July 2024, observing that the patient was not terminally ill.

Case Title: Harish Rana Vs Union of India | MA 2238/2025 in SLP(C) No. 18225/2024