Judgment on Harish Rana's euthanasia proceeds in line with best interest principle: Justice Vishwanathan

New Delhi: The Supreme Court on Wednesday said its judgment on allowing passive euthanasia for 32-year-old Harish Rana has proceeded on the applicable legal principles by keeping the best interest of the person in mind.

However, the top court said, it will be very naive to ignore this harsh reality that on the implementation of this order, it is not as if the agony of his family members will be entirely wiped off, yet the distress that they experience due to what Harish is undergoing will at least be over.

In his separate and concurring judgment, Justice K V Vishwanathan cited the ancient Shubashristha in Sanskrit, which stated, “Between the funeral fire and the mental worry, it is the mental worry which is more devastating. While the funeral fire burns only the dead body, the mental worry burns the living one.”

He wrote, a mention needs to be made of the love and affection by which the parents and the siblings have nursed Harish for the last more than 12 years.

"Harish has been in a vegetative state but the parents and siblings have left no stone unturned in ensuring best treatment for Harish. It is only when the matter reached a point of no return, that to relieve Harish from what he is undergoing they have resorted to this legal course of action. One can only imagine the agony they would have undergone during this period,'' Justice Vishwanathan said.

He emphasised, a survey of the precedents on “best Interest of the patient” leads to the irresistible conclusion that the test is fact specific and will depend on the facts and circumstances of each case.