“Death” a harsh reality of life that no one wants to think about, talking about it is out of question. Whenever one talks about death he/she is asked to change the topic.
Death scars everyone. Something that people don’t want to accept. But even though we keep ignoring it. It has to come and it’ll come. None of us is actually ready for death nor do we often think about it. But when it comes, it shakes up the entire tribe.
We have seen people who suffer from life threating diseases who are then left to wait for death. It’s when their bodies are taken over by the bacteria in a way that their whole body is now under the control of the bacteria. This happens when someone suffers from last stage of disease like cancer. There’s remains no chance of recovery and the patient awaits death. But even after that his loved ones try their level best to save him / her.
But have you ever heard that parents wanting their son to die? Did this shock you? Yes, absolutely it might have shocked. I am not even lying about it. Supreme Court actually accepted a plea to allow parents to let their son die. But what led to this unexpected judgement.
Harish Rana a B.Tech student of Punjab university fell from the fourth floor of his hostel. And that changed everything for harish and his parents. Harish’s father speaking to media after the supreme Court allowed the petition said “Harish was a brilliant student. He won two competitions in his college and was preparing for third one”. Unfortunately the destiny had something else for him. He fell from 4th floor in year 2013 and since then he continues to remain in Coma. 13 years of hard battle came to any end when on 11th March supreme Court allowed passive euthanasia for Harish. It means Allowing a patient to die naturally by removing artificial, life-prolonging interventions.
Passive euthanasia is the legal, medical practice of withholding or withdrawing life-sustaining treatment (like ventilators or feeding tubes) from a terminally ill or permanently vegetative patient, allowing a natural death. It is legally permitted in India, distinct from active euthanasia (which is illegal), and focuses on alleviating suffering rather than accelerating death.
Legality of Passive euthanasia in india.
The Supreme Court recognized this in Common Cause v. Union of India (2018), linking it to the right to die with dignity under Article 21.
India’s first approved case involved Harish Rana, a 32-year-old in a vegetative state for over 12 years, permitting withdrawal of life support, reported NDTV and Al Jazeera.
Harish’s case is the first such case where the court allowed passive euthanasia. The euthanasia needs strict medical grounds.
It must be noted that the Indian law recognizes death with dignity in the same way as it recognizes life with dignity as a fundamental right.
Legal Safeguards: It requires strict medical supervision, usually following a “living will” (advance medical directive) or familial consent for patients who cannot consent, ensuring they are not forced to endure painful, futile treatment.
Active vs. Passive: Active euthanasia (illegal) involves direct, deliberate action to end a life; passive euthanasia simply stops hindering the natural death process.
Harish’s father while speaking to media had mixed emotions. He was satisfied that his son won’t have to bare pain anymore. But also was heart broken to see his son dying in front of his eyes. His parents shall see their son dying , while all they can do is wait. When his soul fully leaves his body. No one can imagine the pain and the guilt they must be going through.
After the supreme Court’s order, harish has been shifted to ward from ICU. He no more has ventilator, a team of doctors is monitoring him to ensure that he has painless death. All they can do for Harish is that he gets a painless death.
It has to be understood that Harish’s case was not the first case before the supreme Court. In 2011 the supreme Court rejected a plea for euthanasia of Aruna shanbug. Aruna was a nurse in a hospital. Where she was attacked by a doctor. In order to rape her. The doctor tried to chock her to death by wrapping a rope around her neck. But that didn’t took her life. But the supply of oxygen was unable to reach to her brain and she made her go in the state of coma. She was assaulted in 1973 . Her plea was rejected in 2011 and she passed away in 2015. She had spend 42 years in vegetative state. This case became the first case of recognition of passive euthanasia in India.
After Supreme Court allowed Harish’s passive euthanasia. Internet has been taken by a storm. People are expressing their solidarity with harsh and his parents. People are praying for his peaceful dead and for the strengthen of his family. On March 11 the supreme Court asked the AIIMS to remove his life support and let Harish pass away. Some people are calling this a painful death . They are terming the removal of life support a brutal thing. But his parents are thanking the Court for this verdict.
There has always been difference of opinion on things that come to public platform. But the real opinion comes from those who are the direct suffers of the event. And the direct suffers are his parents. They have expressed satisfaction over it and we got no right to call it brutal or whatever we think.
Let’s hope there’s no one like Harish’s parents who have to file case for the death of their child. Instead of life.
Author is law student and a human rights activist.
The plea of Death
By: Raqif Makhdoomi
