HARISH RANA Vs. UNION OF INDIA

JUDGEMENT

(1.) The above words of Henry Ward Beecher assume great significance in the present case, more particularly when the courts are asked to give their decision on the question whether an individual can choose to accept life by preferring to die. The famous Shakespearean dilemma of "to be or not to be", which had so far remained as a literary quote, is now being used for judicial interpretation to canvass the liberty to die.

(2.) The present Miscellaneous Application ("MA") has been filed by a mentally and physically incapacitated applicant, namely, Harish Rana, through his parents, in the captioned SLP that came to be disposed of by this Court vide order dtd. 8/11/2024. By way of the said order, this Court resolved the matter between the parties by ensuring that adequate care and necessary treatment are provided to the applicant, including but not limited to the provision of home care, at the expense of the respondents.

(3.) The captioned SLP had arisen from the order dtd. 2/7/2024 passed by the High Court of Delhi in Writ Petition (C) No. 4927 of 2024, whereby the High Court had dismissed the writ petition on the ground that the applicant was not being kept alive mechanically and that he was able to sustain himself without any extra or external medical aid. In the High Court's opinion, such a condition did not require any judicial intervention. Aggrieved by the said order, the applicant, through his parents, preferred the captioned SLP.