Supreme Court to speak with parents before deciding to allow passive euthanasia for their son

NEW DELHI: The Supreme Court of India on Thursday clarified that it would first meet the parents in person before passing any order on a plea seeking passive euthanasia for their 32-year-old son, who has been in a vegetative state for the past 12 years following a fall from a building.A two-judge Bench headed by Justice J B Pardiwala and Justice K V Viswanathan said it wanted to interact directly with the parents on January 13 before taking a final decision. The Bench was hearing a miscellaneous application filed by the father seeking the removal of all life-sustaining treatment being administered to his son.“We want to speak to the parents of the man on January 13 and for the counsel to study the report so that they can assist the Court in passing final orders,” the Bench observed.The court made it clear that the interaction would be in person and not through video conferencing, noting that such an important and sensitive issue warranted physical presence. Accordingly, it directed the parents to remain present before the court on the specified date.Before passing the direction, the Bench examined reports submitted by All India Institute of Medical Sciences (AIIMS), New Delhi, concerning the medical condition of the man. The reports were prepared pursuant to earlier directions of the apex court.During the hearing, Justice Pardiwala, after going through the AIIMS report, remarked that it was a “sad report” and that the man could not continue to live in such a condition.AIIMS, in its secondary report, examined the medical history, neurological condition and other clinical observations of the patient. The report followed an earlier primary assessment, which had stated that the chances of recovery were negligible.“The man has been lying on the bed with a tracheostomy tube for respiration and a gastrostomy for feeding. The photographs showed that he has suffered huge bed sores,” the primary report said.The court noted that as per the guidelines laid down in the 2018 Constitution Bench judgment in Common Cause, as modified by a January 2023 order, opinions of both Primary and Secondary Medical Boards are mandatory before permitting passive euthanasia.Additional Solicitor General Aishwarya Bhati submitted that consultation with the family was necessary before the court could pass any final order. The Bench agreed with the submission and allowed her prayer.Passive euthanasia refers to the act of allowing a patient to die by withdrawing or withholding life-sustaining treatment or medical intervention necessary to maintain life.



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