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CDJ 2026 SC 323
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| Court : Supreme Court of India |
| Case No : Miscellaneous Application No. 2238 of 2025 in SLP(C) No. 18225 of 2024 |
| Judges: THE HONOURABLE MR. JUSTICE J.B. PARDIWALA & THE HONOURABLE MR. JUSTICE K.V. VISWANATHAN |
| Parties : Harish Rana Versus Union of India & Others |
| Appearing Advocates : For the Petitioner: ----- For the Respondents: ----- |
| Date of Judgment : 13-01-2026 |
| Head Note :- |
Medical Condition – Permanent Vegetative State – Withdrawal of Medical Treatment – Family Interaction – Miscellaneous Application – Matter directed to be heard further – Pursuant to earlier orders, reports of Primary Medical Board and Secondary Medical Board of AIIMS, New Delhi were placed before the Court regarding medical condition of petitioner Harish Rana – Court interacted with parents and family members and considered a Joint Report filed by counsel after meetings with the family.
Court Held – Matter posted for further hearing – Parents and younger brother personally appeared before Court and reiterated request that medical treatment be discontinued and nature be allowed to take its course – Learned ASG submitted that doctors of the Primary and Secondary Medical Boards opined that continuation of medical treatment is not in the best interest of the petitioner who would remain in permanent vegetative state with no hope of recovery – Court directed counsel for both sides to assist on all issues and listed the matter for further hearing.
[Paras 6, 8, 9, 10, 11]
Keywords: Permanent Vegetative State – Withdrawal of Medical Treatment – Life-Sustaining Support – Medical Board Report – Family Interaction with Court – Further Hearing
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| Summary :- |
1. Statutes / Acts / Rules Mentioned:
- Order dated 11.12.2025
- Order dated 18.12.2025
2. Catch Words:
- Withdrawal of life support
- Permanent vegetative state
- Best interest of patient
- Medical treatment discontinuation
3. Summary:
The Court, acting on its earlier orders, constituted a Secondary Medical Board at AIIMS which examined Harish Rana and submitted a report. The Court directed both parties to study the reports and interact with the family. A joint report was filed after virtual and in‑person meetings with the parents and siblings, documenting the family's wish to discontinue life‑sustaining treatment as Harish has been in a permanent vegetative state for over thirteen years with no prospect of recovery. The medical boards concurred that continued treatment would only prolong suffering. The family expressed that withdrawal of the feeding tube and other support is in the patient’s best interest. The Court scheduled further hearing to consider a final order on the matter.
4. Conclusion:
Petition Allowed |
| Judgment :- |
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1. Our last order dated 18.12.2025 reads thus:-
'1. In pursuance of our last order dated 11.12.2025, a Secondary Medical Board was constituted by the All India Institute of Medical Sciences, New Delhi. The team of doctors medically examined the patient and a report dated 17.12.2025 has been forwarded to this registry.
2. The report consists of the medical history, the general examination, the neurological examination and other observations made and diagnostic criteria that were applied.
3. We direct the Registry to provide one copy each of the report forwarded by AIIMS, New Delhi dated 17.12.2025 to Ms. Rashmi Nandakumar, the learned counsel appearing for the applicant/petitioner and Ms. Aishwarya Bhati, the learned A.S.G.
4. We request both the learned counsel to look into the report, study the same and assist us further in the matter.
5. We also request both the learned counsel to jointly speak to the parents and other family members of Harish Rana and give us a report in that regards.
6. We would also like to personally speak with the parents of the Harish Rana.
7. For the purpose of meeting with the parents of Harish Rana, we request them to personally remain present before us on 13.01.2026 at 2.30 P.M. in the Committee Room.
8. We also request both the learned counsel to keep their written submissions in writing ready so that we can proceed further with the passing of the final order.
9. Let the copy of the report of Primary Board shall also be furnished to both Ms. Rashmi Nandakumar, the learned counsel appearing for the applicant/petitioner and Ms. Aishwarya Bhati, the learned A.S.G.
10. List the matter on 13.01.2026 as a Part Heard.'
2. In pursuance of our order, referred to above, the parents of Harish Rana and his younger brother are personally present before us.
3. We took up this matter for hearing in the Committee Room. We had an exhaustive talk with the parents and the younger brother of Harish.
4. We also heard Ms. Aishwarya Bhati, the learned ASG, assisted by Ms. Shivika Mehra and Ms. Shreya Jain, the learned counsel(s) appearing for the Union of India and Ms. Rashmi Nandakumar, the learned counsel, assisted by Ms. Dhvani Mehta, the learned counsel, appearing for the petitioner.
5. A Joint Report dated 13.1.2026 has been placed before us. We take it on record. The Joint Report reads thus:-
'JOINT REPORT ON INTERACTION HELD WITH THE FAMILY OF THE PETITIONER ON 26.12.2025 THROUGH VIRTUAL MODE AND ON 07.01.2026 AT THE RESIDENCE OF THE PETITIONER (AM1314 Raj Empire Raj Nagar Extension Ghaziabad 201017); FILED PURSUANT TO THE ORDER DATED 18.12.2025 PASSED BY THIS HON'BLE COURT
The present Joint Report is humbly being filed pursuant to the Order dated 18.12.2025 passed by this Hon'ble Court, pursuant to which we were requested to jointly interact with the parents and family members of the Petitioner, Mr. Harish Rana, and to assist this Hon'ble Court prior to the passing of final orders.
Meeting with the Family Members of the Petitioner, Mr. Harish Rana
1. Pursuant to the Order dated 18.12.2025 passed by this Hon'ble Court, we interacted with the family of Mr. Harish Rana on two occasions. The first interaction took place through video conferencing on 26.12.2025 between 1:00 P.M. and 2:00 P.M. Thereafter, we met the family in person on 07.01.2026 at their residence from 3:00 P.M. to 4:00 P.M.
2. The said meeting(s) were attended by the following persons:
(i) Ms. Aishwarya Bhati, Sr. Adv., Ld. Additional Solicitor General of India;
(ii) Ms. Rashmi Nandakumar, Advocate-on-Record for the Petitioner;
(iii) Mrs. Nirmala Rana, mother of the Petitioner, aged about 58 years (DOB: 30.03.1967) who has been the principal caregiver of the Petitioner since the incident;
(iv) Mr. Ashok Rana, father of the Petitioner, aged about 63 years (DOB: 20.02.1962), a retired chef who worked throughout his career with Taj SATS Air Catering and retired on 20.02.2022;
(v) Mr. Ashish Rana, brother of the Petitioner, aged about 28 years (DOB: 19.02.1997), presently employed as Programme Manager with Great Learning, Gurgaon, and is one of the primary caregivers of his brother Mr. Harish Rana;
(vi) Ms. Bhawana Patiyal, sister of the Petitioner, aged about 29 years (DOB: 15.02.1996) is employed with HSBC Bank, got married on 30.04.2021 and is residing in the same residential complex opposite to her parents' residence and has a 4-year-old daughter and tries to assist her parents with caregiving responsibilities towards Mr. Harish Rana; and
(vii) Mr. Ashish Patiyal, brother-in-law of the Petitioner, aged about 30 years (DOB: 01.01.1992), employed with an IT support company in Faridabad.
The family belongs originally to Village Paleta, Tehsil Jaisinghpur, District Kangra, Himachal Pradesh. All three children were born and brought up in Delhi. The parents of Mr. Harish Rana told us that the family earlier lived in Dwarka but had to shift in September 2021 to Raj Nagar Extension because the earlier residence had limited sunlight, narrow access roads, and frequent difficulty in ambulance movement during emergencies.
They explained that this shift was made solely to ensure quicker and safer access to medical care for their son. They also shared that while they continue to visit Himachal Pradesh occasionally, they no longer have close relatives residing there.
During our conversation, the family spoke to us about who Mr. Harish was before the incident. They told us that as the eldest child, he was extremely energetic, physically active, and deeply interested in gymming and playing football. His younger brother recalled growing up playing football and video games with him. These memories were shared softly and with affection, and it was evident that the family continues to hold on to the person Mr. Harish once was, even as they care for him in his present condition. All interactions were held in a calm and respectful atmosphere, with sensitivity to the seriousness of Mr. Harish Rana's medical condition and the emotional strain on the family.
Views Expressed by the Parents
3. At the beginning of our interaction, we requested the parents to share their thoughts, wishes, and concerns in their own words. Mr. Ashok Rana, the father of Mr. Harish Rana, told us that the family has been caring for their son continuously for more than thirteen years and that they have done everything within their human capacity during this period. He said that their son no longer has a voice of his own, and therefore they feel it is their moral responsibility to speak for him. He also expressed gratitude that their concerns have been heard by this Hon'ble Court.
4. He told us that his son:
- Cannot speak, hear, see, recognise anyone, or eat on his own;
- Is entirely dependent on artificial life support, including a feeding tube.
5. He shared his deep worry that both parents are now ageing, and asked, with visible concern, who would take care of Mr. Harish if anything were to happen to either of them. Mr. Ashok Rana expressed that their family's earnest request is that the feeding tube / lifesustaining medical support may be withdrawn under proper medical supervision.
6. Mr. Ashok Rana also shared that while the Government authorities have extended assistance over the years, the family has continuously faced practical difficulties in day-to-day medical care, availability of skilled personnel, and emergency medical support, despite their best efforts.
7. Mrs. Nirmala Rana, the mother of Mr. Harish Rana, told us that they have tried everything within their means for the last many years in the hope that their son may recover, but there has been no improvement. She stated that her son has not responded to touch or affection for the past 13 years.
8. She expressed that watching her son in this condition day and night has become extremely painful, and that his continued existence in the present condition causes him suffering which they are unable to alleviate. She was clear in telling us that the decision being expressed is not out of despair or pressure, but after prolonged thought, years of care, and acceptance that there is no medical hope of recovery of their son.
9. Upon being specifically asked whether she would feel regret or emotional distress if her son were to pass away, she replied that the greater distress is watching him suffer continuously in his present state, and that she believes the family has done everything possible.
Views of the Siblings of Mr. Harish Rana
10. The brother of Mr. Harish Rana- Mr. Ashish Rana, told us that the family has given more than their full capacity over the last 13 years, emotionally, physically and financially. He shared that after exhaustive efforts and consultations, the family has reached this decision with great difficulty, believing that continued medical intervention no longer serves any meaningful purpose for his brother and only prolongs his agony.
11. Ms. Bhawana Patiyal, the sister of Mr. Harish Rana, told us that at the time of the incident they were children, and today she herself is a mother. She shared that the family has lived through years of hardship and that the decision being taken is, in their belief, in the dignity and best interests of their brother.
12. During our visit to the residence of Mr. Harish Rana, we had the opportunity to see Mr. Harish Rana, who is being continuously cared for by his parents with the support of life-sustaining medical measures. He was in a room on his bed with his eyes open but clearly without any consciousness or awareness. We were told by the parents that he is fed a diet of protein shake, mashed and filtered dal through his tube which is periodically replaced. We were also informed that to make sure that his bed sores don't get worse, his position is changed every two hours by the clock. Someone from the family is always at home, next to Mr. Harish Rana to take care of him.
13. During the visit the parents told us that they had taken Mr. Harish Rana to Himachal Pradesh for a year during Covid but had to bring him back since there were no emergency medical facilities available there.
14. Upon interaction, the parents and the brother-in-law of Mr. Harish Rana explained that he is being taken care of at their residence and that all essential aspects of his care, including the administration of nutrition through assisted means, are being attended to by them with utmost attention and care. The family further shared that despite the continuous care over the years, including repeated consultations and treatment at various medical institutions, there has been no improvement in his medical condition of their son. During the physical interaction as well, the family repeated what they had shared earlier on 26.12.2025 and told us that their position remains unchanged. They explained that this decision has been arrived at after nearly thirteen years of continuous care, during which the medical condition of their son has progressively deteriorated without any improvement. The family expressed that there remains no hope of recovery, and requested that a decision be taken in the best interests and dignity of their son Mr. Harish Rana.
Observations
15. It is humbly submitted that throughout the interaction:
- It was observed that the parents and all family members of the Petitioner are simple, God-fearing, dedicated, and deeply positive in their outlook.
- The primary caregivers for the Petitioner are his mother (Smt. Nirmala Rana) and brother (Mr. Ashish Rana), who attend to his needs with unwavering commitment. The Petitioner's sister (Smt. Bhawana Patiyal) resides nearby with her husband, and both of them actively contribute to the continuous care and assistance required by the Petitioner.
- The prolonged suffering and ordeal endured by the family in caring for their young son is nothing short of a penance marked by resilience, patience, and sacrifice. Despite the immense physical, emotional, and psychological challenges they have faced alongside the Petitioner, the family continues to uphold a remarkably positive, God-fearing, and optimistic outlook, which is truly commendable and speaks volumes of their strength of character.
- The parents and family members appeared fully conscious, coherent, and consistent in their statements;
- Their views were expressed calmly, repeatedly, and without any sign of coercion, confusion, or external pressure;
- The decision articulated by them appears to be the result of long contemplation over many years, and not a momentary or impulsive reaction.
Filed jointly by:
Ms. Rashmi NandakumarAdvocate-on-Record
Counsel for the Petitioner
With
Ms. Dhvani Mehta, Advocate
Ms. Yashmita Pandey, Advocate
| Ms. Aishwarya Bhati, Sr. Adv.Additional Solicitor General of India
Counsel for the Respondent
Assisted By
Ms. Shivika Mehra, Advocate
Ms. Shreya Jain, Advocate
| Date: 11.01.2026
Place: New Delhi'
6. All the three, i.e., the father, mother and younger brother, in one voice and with lot of pain in their hearts, made a fervent appeal before us to take necessary steps to ensure that Harish does not suffer any more. What they tried to convey, in their own way, was that the medical treatment imparted over a period of almost 2 years be discontinued and nature be allowed to take its own course. According to them if the medical treatment is not making any difference, then there is no point in continuing with such medical treatment and making Harish suffer for no good reason.
7. They believe that Harish is suffering like anything, and he should be relieved of all further pain and suffering.
8. They may not be aware of the legal nuances involved in this litigation. However, they are very clear that in view of the two reports filed by the Primary Board and the Secondary Board, respectively, there is no sign, or rather no hope, for Harish to recover.
9. Ms. Bhati submitted that she had a talk with the team of doctors, i.e., the members of the Primary Board as well as the members of the Secondary Board, and the doctors are of the opinion that the medical treatment should be discontinued as the continuation of the same is not in the best interest of Harish Rana, and that in the given circumstances, nature should be allowed to take its own course. The doctors are also of the opinion that Harish would remain in this permanent vegetative state (PVS) for years to come, with the tubes inserted all over his body. However, he would never be able to recover and live a normal life.
10. In such circumstances, referred to above, we should now hear the matter further in the Court. We request the learned counsel appearing for both parties to assist us on all issues.
11. Post the matter on Thursday, i.e., 15.1.2026, as the first item on the Board.
12. We request Ms. Bhati, the learned ASG as well as Ms. Nandakumar, the learned counsel, to assist us in passing the final order.
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