Recently, the Supreme Court agreed to hear a plea challenging a 2019 Delhi High Court ruling that denied the request to classify rabies as an exceptional disease and permit patients to opt for passive euthanasia under the principle of “death with dignity.”
The matter concerns a petition filed by the NGO All Creatures Great and Small, contesting a July 2019 judgment of the Delhi High Court. The petition sought a directive to the Centre and relevant authorities to recognize rabies as an exceptional disease due to its 100% fatality rate and to establish a legal framework allowing affected individuals or their guardians to choose physician-assisted passive euthanasia.
The counsel for the petitioner informed the Supreme Court that the Centre had already filed a counter affidavit in this matter before the Delhi High Court in 2018. The petitioner contended that rabies presents an unparalleled case wherein the afflicted experience severe neurological symptoms, leading to involuntary aggression, hydrophobia, and extreme distress, often requiring physical restraint. The plea emphasized that such circumstances severely compromise the patient's dignity, integrity, and personal autonomy.
The Court, while acknowledging the argument, referred to its landmark ruling of March 9, 2018, wherein a Constitution Bench had upheld the right to die with dignity as part of the right to life under Article 21 of the Constitution. The judgment legalised passive euthanasia and recognized the validity of a “living will” for terminally ill patients or those in a persistent vegetative state. The petitioner urged the court to extend this precedent to rabies patients, given the exceptional and violent nature of the disease.
The Supreme Court has scheduled the matter for further hearing in two weeks, allowing all relevant parties, including the Centre, to respond to the petition. The outcome of this case may have significant implications for the legal framework surrounding euthanasia and the rights of terminally ill patients in India.
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