The Supreme Court on Tuesday directed the Central government to respond to a petition concerning the care of a 30-year-old man who has been in a vegetative state since 2013.

The man's elderly parents had sought relief from the Supreme Court after the Delhi High Court dismissed their request to form a medical board to assess whether he could be euthanized.

The High Court had earlier observed that while active euthanasia (administering a lethal drug) is not legally permitted in India, passive euthanasia (withdrawal of life support) is allowed.

In this case, the High Court determined that the 30-year-old man was not on any life support, rendering him ineligible for passive euthanasia.

A Supreme Court Bench comprising Chief Justice of India DY Chandrachud and Justices JB Pardiwala and Manoj Misra today concurred with the Delhi High Court's ruling on this matter.

"The High Court held that passive euthanasia is not permissible as per the Common Cause judgment and that the person was not kept alive mechanically and was alive without external life support. We are in support with view of the High Court, that the case does not fall under the ambit of passive euthanasia, since there is no external life support," the top court said.

However, the Supreme Court sought the Central government's response on other aspects of the man's care, as his elderly parents had expressed challenges in continuing to care for their bedridden son.

"At the same time, the Court is mindful that the parents are now aged and cannot care for their son who is bed ridden for 13 years and if any other humanitarian solution can be found other than passive euthanasia. Thus we issue notice to the centre and we request Additional Solicitor General Aishwarya Bhati to assist us," the Court said.

The Court indicated that it would consider whether the patient could be placed in an appropriate care facility.

"This is a very hard case. This person is in vegetative state since 13 years in Ghaziabad. We are moved by the plight of the parents. We think the High Court was correct, since putting an end to his life would mean injecting something. Is there some place where he can be lodged and be taken care of?" the CJI asked ASG Aishwarya Bhati.

She responded by stating that she would review the matter and assist the Court in the case.

In a related development, the Supreme Court, in February 2023, amended its 2018 judgment on passive euthanasia and living wills, removing the requirement for a Judicial Magistrate First Class (JMFC) to grant sanction and validity to a living will or advance directive.

A living will or advance directive is a document that individuals with declining health or terminal illnesses can create in advance, allowing them to decide not to remain in a vegetative state with life support if they reach a point where they can no longer express their wishes.

This document can then be presented to a hospital for appropriate action should the individual's health deteriorate.