New Delhi, March 7
The Supreme Court today laid down a law allowing brain-dead patients in a permanently vegetative state (PVS) to die by withdrawing the life-support system with the consent of the high court concerned.

A Bench comprising Justices Markandey Katju and Gyan Sudha Misra also recommended to the government to withdraw Section 309 of the IPC that provides for prosecution of those who attempt to commit suicide.

“The time has come when it (Section 309) should be deleted by Parliament as it has become anachronistic. A person attempts suicide in a depression, and hence he needs help, rather than punishment,” the apex court held in a 110-page verdict.

The Bench came out with the rulings while rejecting a plea for allowing the “mercy killing” of a 60-year-old nurse, Aruna Ramchandra Shanbaug, lying in a Mumbai hospital in a vegetative state for 37 years, ever since a sexual assault on her by a sweeper, a hospital staff, on November 27, 1973.

The court clarified that the law laid down by it on pas sive euthanasia (withdrawal of life support system) would remain in force until the enactment of a relevant law by Parliament in this regard.

In the case of Aruna, the Bench noted that the KEM hospital authorities had expressed their wish against letting Shanbaug die and that they were taking care of her well. “However, assuming that the KEM hospital staff at some future time changes its mind….it would have to apply to the Bombay High Court for approval of the decision to withdraw life support,” the court ruled.

Aruna’s parents are dead and other close relatives are not interested in her ever since the assault. The mercy killing plea had been made in a PIL filed by one Pinki Virani, claiming to be her next friend. Virani has written a book on Aruna. The court said Aruna had no locus. The court also observed that Aruna was not on life support and was surviving on oral feedings. Further, her brain was still functional to some extent as she responded to music and noise, her eyes were open and she could somewhat see.

Discussing the implications of letting the relatives decide on allowing PVS patients to die, the Bench said: “Considering the low ethical levels prevailing in our society today and the rampant commercialisation and corruption, we cannot rule out the possibility that unscrupulous persons with the help of some unscrupulous doctors may fabricate material to show that it is a terminal case with no chance of recovery.”

Under the SC guidelines, close relatives of such patients should approach the high court concerned. An HC Bench comprising at least two Judges would decide the plea after getting the views of a specially constituted three-member team of reputed doctors. The high court would also take consent of the relatives and the state government. Law Minister M Veerappa Moily said he would not make any comments before going through the verdict. The staff of the Mumbai hospital, however, welcomed the apex court verdict, rejecting the plea for Shanbaug’s mercy killing.

PASSIVE EUTHANASIA: It means allowing brain-dead patients in a permanently vegetative state to die by withdrawing the life-support system

ON SUICIDE BIDS: The time has come when it (Sec 309, IPC) should be deleted by Parliament as it has become anachronistic. A person attempts suicide in a depression, and hence he needs help, rather than punishment. — Apex court