The Delhi High Court on 7th July dismissed the writ petition of certiorari filed by a 30 year old man for the examination of health condition for the administration of Passive Euthanasia.
The Petitioner who is a student of Punjab University who after falling from fourth floor of his Paying Guest house sustained several incurable head injures and due to diffuse axonal injury with Permanent Vegetative state, Quadriplegia with 100% disability the petitioner is on bed since 2013. The Petitioner also submitted a certificate of disability issued by Janakpuri Super Speciality hospital Society.
It was argued by the learned counsel of petitioner about the legality of Passive Euthanasia allowed in several landmark cases as precedent. It was also submitted that Petitoner has not responded for last 11 years also the family has consulted several doctors and was informed that there was no scope of recovery of the petitioner and the parents have lost all the hopes of recovery and now is not able to maintain the petitioners health as they are getting old.
The Court dismissed the petition relying on the fact that Petitioner is able to sustain himself without any external aid and is not on any mechanical support and also stated that no one including the 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. As the Apex Court mentioned the active euthanasia is legally impermissible and as the petitioner is not on any external aid and is not terminally ill. The Court declined to accept the request of petitioner to refer the petitioner to medical board for examination and to consider him to undergo passive euthanasia.
CASE NAME: HARISH RANA (PETITIONER) V UNION OF INDIA & ORS (RESPONDENT)
NAME: SAFA HUSSAIN, COURSE: B.A.LL.B. (Hons), COLLEGE: JAMIA MILLIA ISLAMIA, NEW DELHI, INTERN UNDER LEGAL VIDHIYA
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