Supreme Court to hear plea after two weeks on passive euthanasia for rabies patients

The Supreme Court on Feb 10 said it would hear after two weeks a plea seeking the right to passive euthanasia for rabies patients.

The matter came up before a bench of Justices B R Gavai and K Vinod Chandran.

NGO All Creatures Great and Small moved the apex court challenging a July 2019 order of the Delhi High Court, which refused to direct the union government and other authorities to treat rabies as an exceptional disease and allow patients the option of "death with dignity".

In January 2020, the top court issued notice to the central government and others and sought their responses on the plea filed in 2019.

On Feb 10, the petitioner's counsel said the central government in 2018 filed a counter affidavit in the matter before the high court.

"We will have it after two weeks on a non-miscellaneous day," said the bench.

The NGO's plea sought a procedure to be laid down for rabies patients to allow them or their guardians to opt for the assistance of physicians for passive euthanasia.

On March 9, 2018, a five-judge Constitution bench of the top court held the right to life included right to die and legalized passive euthanasia by allowing the creation of a "living will" that could provide terminally ill patients or those in persistent vegetative state with no hope of recovery, a dignified exit by refusing medical treatment or life support system.

The NGO, represented by senior advocate Sonia Mathur and advocate Noor Rampal, sought carving out of an exception for rabies patients within the apex court judgement.

The plea said rabies had 100 per cent fatality rate and could be "more torturous and harrowing to succumb to than other forms of ailments".

"These unique symptoms of rabies make it an exceptional case where the patients have to be tied and shackled to their beds reducing their personal freedom, movement dignity and integrity," it said.

The court should consider the "exceptional/violent nature of the disease" and the absence of a cure, making it a separate class, it added.

(PTI)