The Supreme Court has agreed to hear a petition challenging a 2019 Delhi High Court decision that denied the request to classify rabies as an exceptional disease, thereby preventing patients from opting for passive euthanasia under the "death with dignity" principle.

The petition was filed by the NGO All Creatures Great and Small, contesting the July 2019 ruling of the Delhi High Court. The petitioners have sought a directive to the Centre and relevant authorities to recognize rabies as an exceptional disease due to its 100% fatality rate and to create a legal framework that would allow affected individuals, or their guardians, to choose physician-assisted passive euthanasia.

The petitioner's counsel informed the Supreme Court that the Centre had filed a counter-affidavit in the matter before the Delhi High Court in 2018. The petitioners argue that rabies presents a unique and severe case, where those afflicted endure extreme neurological symptoms, including involuntary aggression, hydrophobia, and immense distress, often requiring physical restraint. The petition highlights how these symptoms strip away the dignity, autonomy, and integrity of the patients.

In considering the argument, the Court referenced its landmark March 9, 2018, ruling, where a Constitution Bench upheld the right to die with dignity as part of the right to life under Article 21 of the Constitution. This judgment legalized passive euthanasia and affirmed the validity of a “living will” for patients who are terminally ill or in a persistent vegetative state. The petitioners have urged the Court to apply this precedent to rabies patients, given the exceptional and violent nature of the disease.

The Supreme Court has scheduled a hearing for two weeks from now, allowing the Centre and other relevant parties to respond to the petition. The outcome of this case could have significant implications for the legal framework surrounding euthanasia and the rights of terminally ill patients in India.