SC lauds Harish Rana family’s decision to donate organs after passive euthanasia

New Delhi, May 13 The Supreme Court on Wednesday lauded the family of 31-year-old Harish Rana for donating his organs after his death, months after the apex court had permitted withdrawal of life support for the Ghaziabad resident who remained in a permanent vegetative state for nearly 13 years.

A bench of Justices J.B. Pardiwala and K.V. Viswanathan was informed that Rana passed away on March 24 after being shifted to the palliative care unit at the All India Institute of Medical Sciences (AIIMS), New Delhi, in terms of the top court’s March 11 judgment allowing passive euthanasia.

During the hearing, counsel appearing for Rana’s family submitted that his death certificate has been placed on record before the apex court registry.

The counsel further informed the top court that Rana’s heart valve and corneas were donated after his death, as they were the only organs found fit for donation.

Recording its appreciation, the Justice Pardiwala-led bench observed that despite suffering an irreparable loss, the family displayed immense generosity through the decision to donate organs.

It said that Rana breathed his last with "love and compassion" and observed that his family’s selfless act would ensure that his memory lives on through the lives touched by the donations. It further remarked that Rana’s peaceful passing away, free from prolonged dependence on tubes and machines, reflected dignity and autonomy in both life and death.

The Supreme Court said that the case was also a reminder that medicine has its limitations and that extending life against the wishes and dignity of a person cannot always be regarded as meaningful care.

"This litigation has taught many things to one and all, including two of us as judges," the bench remarked.

The apex court directed that Rana’s death certificate be preserved with the case records for a period of three years. It also ordered that the report submitted by AIIMS be kept in a sealed cover.

The bench expressed gratitude to the doctors at AIIMS who attended to Rana during his final days. It also appreciated the assistance rendered by advocate Rashmi Nandakumar, appearing for the family, and Additional Solicitor General Aishwarya Bhati, appearing for the Union government.

The apex court directed the Centre to place on record another status report by July in relation to compliance with certain directions issued earlier in the matter.

On March 11, the Supreme Court had permitted the withdrawal of life-sustaining treatment for Rana, who had suffered severe head injuries after falling from the fourth floor while he was a student. Allowing the plea moved by his parents, the apex court had directed that Rana be admitted to the palliative care unit at AIIMS and observed that the medical Board could take an appropriate clinical decision in accordance with the principles laid down in the 2018 Common Cause judgment on passive euthanasia.

Medical experts who examined Rana had stated that he was in a permanent vegetative state with 100 per cent disability and quadriplegia, requiring continuous medical support for breathing and feeding, with negligible chances of recovery. The matter had initially reached the Delhi High Court through a plea filed by Rana’s parents seeking the constitution of a medical board to examine whether passive euthanasia could be considered. After the High Court declined relief, the family approached the Supreme Court, which later allowed withdrawal of treatment after considering medical reports and the deteriorating condition of Rana.

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