In an order passed on July 2, Justice Subramonium Prasad rejected the plea filed by 30-year-old Harish Rana after noting that he is not being kept alive mechanically and that 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… 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,” the Court said.

Rana moved the High Court through his parents seeking directions to constitute a medical board to examine his health condition for administration of euthanasia.

Rana was studying at Punjab University and suffered head injuries after falling from the fourth floor of his paying guest house.

It was stated that he has been confined to his bed since the year 2013 and has not responded in the last 11 years.

He has developed deep and large bed sores which have now caused further infection, it was pointed out.

The Court was told that his parents have lost all hope for his recovery and cannot take care of him as they are getting old.

Justice Prasad referred to the Supreme Court’s judgment in Common Cause v Union of India and said that as per the apex court verdict, active euthanasia, that is mercy killing by administration of external drugs, is legally impermissible.

“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. Accordingly, the petition is dismissed along with the pending applications, if any.”

Advocates Neeraj Gupta, Manish Jain, Vikas Kumar Verma, Chelsi, Anchal, Rajesh Kumar and Shanky Jain.

Central Government Standing Counsel (CGSC) Ripu Daman Bhardwaj along with advocates Kushagra Kumar and Abhinav Bhardwaj appeared for Union of India.

Advocates Satya Ranjan Swain and Kautilya Birat represented AIIMS.

Delhi government was represented through its Additional Standing Counsel Udit Malik and Vishal Chanda. 

[Read Judgment]