Harish Rana Case Explained: What Is A Living Will And Who Decides To Switch Off Life Support?

Last Updated:December 19, 2025, 09:42 IST

When life hangs between machines and breath, a legal document can speak for you. A living will decides dignity, choice, and when medicine should step back

A living will is a written document in which a person clearly states what medical treatment they wish to receive or refuse in the event of a serious or incurable illness.

The case of Harish Rana from Ghaziabad has come into the spotlight after his father approached the Supreme Court seeking permission for passive euthanasia, also known as mercy killing, for his son. Harish has been bedridden since 2013, and the Supreme Court’s primary medical committee has stated that his condition is irreversible.

Following this, a team of doctors from AIIMS has also been constituted to examine the matter.

Who Is Harish Rana?

Harish Rana is 32-years-old and has been in a vegetative state for the past 13 years after falling from the fourth floor in 2013. He is dependent on a tracheostomy tube for breathing and a gastrostomy tube for nutrition.

His parents have requested permission for passive euthanasia, stating that there is no possibility of recovery.

Supreme Court Proceedings So Far

Harish’s family first filed a petition in the Supreme Court in 2024, which was rejected at the time. His father has now moved the court again. After reviewing the report of the primary medical board, the Supreme Court has directed AIIMS to form a secondary medical board to reassess the case.

The court has emphasised that without a living will, family members alone cannot decide on passive euthanasia.

What Is Passive Euthanasia?

Passive euthanasia involves withdrawing or withholding life-sustaining treatment, such as ventilator support, for terminally ill or permanently unconscious patients. It does not involve administering any medicine to cause death.

Active euthanasia, which consists of inducing death through drugs, remains illegal in India.

Living Will: Meaning And Importance

According to Allahabad High Court advocate Ankita Tiwari, a living will is a written document in which a person clearly states what medical treatment they wish to receive or refuse in the event of a serious or incurable illness. It comes into effect when the person is in a coma or otherwise incapable of making decisions.

In a living will, an individual can specify whether they want to be kept on life-support systems such as ventilators or feeding tubes. This document allows for passive euthanasia and ensures that a person can die with dignity.

Who Can Make A Living Will?

Advocate Ankita Tiwari explains that any Indian citizen who is mentally sound and above 18 years of age can make a living will. It reflects the individual’s personal wishes and serves as guidance for doctors and family members during critical medical situations.

Supreme Court Rulings On Euthanasia

On March 9, 2018, the Supreme Court, in the landmark Common Cause vs Union of India case, recognised living wills and permitted passive euthanasia. A five-judge bench ruled that the right to die with dignity is an integral part of the right to life under Article 21 of the Constitution.

Earlier, in 2011, the Supreme Court had allowed passive euthanasia in a limited form in the Aruna Shanbaug case.

Simplified Living Will Process In 2023

In 2023, the Supreme Court simplified the process of making a living will. It can now be prepared in the presence of two witnesses and either notarised or signed by a gazetted officer. The document can be kept with the individual, their family, or submitted to a court.

Previously, under the 2018 guidelines, countersignatures from a judicial magistrate were required, making the process more complex.

Key Legal Clarifications

• If a patient does not have a living will, passive euthanasia can only be considered after approval from medical boards and the court.
• A living will can only authorise passive euthanasia, which involves stopping life support.
• Active euthanasia, where death is caused through medication, continues to be illegal under Indian law.

These safeguards have been put in place to prevent misuse and ensure that such decisions are taken only in genuine cases.

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