The Applicant,
then 20 years old, was pursuing B.Tech degree at Punjab University and was
residing in a paying guest accommodation from where he fell from the fourth
floor and as a result he sustained a diffuse axonal injury. Ever since the incident,
he has been in a vegetative state requiring constant care and nursing from the
family’s end. The family of the applicant, noted no significant benefit from
any several treatments, that were tried over the span of the last 13 years.
Therefore, present application was filed before the Supreme
Court of India in furtherance of the applicant’s dignity and best interest.
In the present case, the parents of Applicant, Harish Rana
prayed for assessement of continuation of Clinically Assisted Nutrition and
Hydration (CANH) in accordance with the ruling of the five-Judge Constitution Bench
of Supreme Court in Common Cause vs
Union of India reported in 2018 (referred common Cause 2018) which laid
down guidelines regarding withdrawal and withholding of medical treatment where
no Advance Medical Directives exist and later modified in 2023 which then
referred as Common Cause Guidelines.
In
light of the unanimous consensus arrived at by the parents/next of kin and the
constituted medical boards respectively, we are of the opinion that the medical
treatment ought not to be prolonged any further and that it will not be in
Harish’s best interest to continue with the treatment and artificially prolong his
life – Court said.
Lastly, the Hon’ble Court
disposed off the application with the following directions:
a) The medical treatment, including CANH
being administered to the applicant shall be withdrawn.
b) AIIMS shall grant admission to the
applicant in its Palliative Care deparment so that the withdrawl of applicant’s
medical treatment can be given effect to and for this purpose AIIMS shall
provide all necessary facilities for shifting from his residence to the
Palliative Care department.
c) AIIMS shall ensure that such withdrawal
is carried out with dignity to the highest degree.
d) The High Courts of all States shall issue
appropriate directions to all Judicial Magistrate of First Class within their
jurisdiction to receive intimation from the hospital in accordance with the
guidelines as laid down in Common Cause, in the event the primary medical board
and secondary medical moard are unanimous in their decision to withdraw or
withhold the medical treatment of any patient.
e) Union of India in coordination with the
respective Secretaries of Health & Family Welfare of all States/UTs shall
ensure that CMOs of all concerned districts across the country prepare and
maintain a panel consisting of registered medical practitioners possessing
qualifications in accordance with the guidelines as laid down in Common Cause for the purpose of
nomination to secondary medical board.
Case: Harish Rana vs
Union of India & Ors (MISCELLANEOUS
APPLICATION NO. 2238 OF 2025
Coram: Justice J.B.
Pardiwala and Justice K.V. Viswanathan
Date of Judgment: 11
March 2026
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