You are not giving up on your son, you are allowing him to leave with dignity: SC to applicant’s family

“Throughout the adjudication of this matter, we have been gripped by profound sadness. The issues in this matter have once again brought to the fore the fragility and transient nature of the life we live, and how swiftly the tide can turn for the worse,” he said.

“For the past 13 years, the applicant has lived a life defined by pain and suffering. A suffering made all the more cruel by the fact that, unlike most of us, he was stripped of the ability to even give voice to his anguish. However, while this case highlights how unforgiving life can be, it is easy to lose sight of another vital fact,” Justice Pardiwala said.

“We note with immense respect that the applicant’s parents and siblings have stood as unyielding pillars of support. They have exhausted every effort to care for him, and continue to do so with unwavering dedication. We can only place on record our deepest appreciation for their boundless love, endurance and kindness in the face of such adversity. Among the manifold truths about human existence that this case reveals, the most enduring is the resilience of love.”

During the course of the hearing, Justices Pardiwala and Viswanathan met Rana’s parents, Ashok Rana and Nirmala Rana, and his younger brother.

Stating that “the greatest tragedy in life is not death, but abandonment”, Justice Pardiwala said, “Despite the catastrophic tragedy that struck the applicant, his family never left his side. He has been cared for, protected, and cherished at every moment. To us, this unwavering vigil is a testament to the true meaning of love.”

“To love someone is to care for them, not just in times of joy, but in their saddest and darkest hours. It is to care for them even when the horizon is devoid of hope. It is to stand by them, as they prepare to cross the threshold into the beyond. Ultimately, to love is nothing but to care deeply, softly, and endlessly,” he said.

“It sits in a space between love, loss, medicine, and mercy. This decision is not about choosing death. but is rather one of not artificially prolonging life. It is the decision to withdraw life-sustaining treatment when that treatment no longer heals, restores or meaningfully improves life. It is allowing nature to take its course when medicine can only delay the inevitable, because survival is not always the same as living.”

Justice Viswanathan, too, referred to the “love and affection by which the parents and the siblings have nursed Harish”. He said they “left no stone unturned in ensuring best treatment for” him “and “it is only when the matter reached a point of no return, that to relieve Harish from what he is undergoing they have resorted to this legal course of action.”

“One can only imagine the agony they would have undergone during this period…. On the implementation of this order, it is not as if their agony will be entirely wiped off. However, the distress that they experience due to what Harish is undergoing will at least be over. Though the judgment is not based on this aspect and has proceeded on the applicable legal principles by keeping the best interest of Harish, it will be very naive to ignore this harsh reality,” Justice Viswanathan wrote.