Karnataka Health Department passes order to implement SC directive for patients' "Right to Die" with dignity

Jan 31, 2025

Bengaluru (Karnataka) [India], January 31 : The Karnataka Health Department has passed a historic order to implement the Supreme Court's directive regarding patients' "Right to Die" with dignity. This move aims to benefit terminally ill patients with no hope of recovery or those in a persistent vegetative state, allowing for the withdrawal of life-sustaining treatment when no longer beneficial.
In a post on X (formerly Twitter), Karnataka minister Dinesh Gundu Rao said, "My Karnataka Health Department, @DHFWKA (Department of Health and Family Welfare Services - Govt. of Karnataka), passes a historic order to implement the Supreme Court's directive for a patient's Right to Die with dignity. This will immensely benefit those who are terminally ill with no hope of recovery, or are in a persistent vegetative state, and where the patient no longer benefits from life-sustaining treatment."
"We have also come out with an Advance Medical Directive (AMD), or a living will, in which a patient can record their wishes about their medical treatment in the future. This important step will bring great relief and a dignified sense of closure to many families and individuals. Karnataka is a progressive state and we are always at the forefront in upholding liberal and equitable values for a more just society," he said.
Earlier, Health and Family Welfare Department Principal Secretary to Government Harish Gupta said, "Supreme Court of India has recognised that the right to life under Article 21 of the Indian Constitution encompasses the right to die with dignity. To enable a dignified death, it has been held that life-sustaining treatment may be withheld or withdrawn (WLST) where the patient is terminally ill with no hope of recovery or is in a persistent vegetative state, and where the patient no longer benefits from life-sustaining treatment."
It has laid down guidelines to govern WLST, Additionally, the Supreme Court has recognised advance medical directives (AMDs) and laid down a procedure for executing and implementing them.
"Supreme Court has held that if a patient is terminally ill and is undergoing prolonged medical treatment with no hope of recovery and cure of the ailment, and does not have decision-making capacity, then WLST may be appropriate, in accordance with the prescribed procedure. This may also be the case for those who are in a persistent vegetative state and when certain kinds of medical treatment may no longer provide any reasonable possibility of benefit, and may instead, have a greater potential to cause harm to the patient," Principal Secretary to Government stated.
The order stated that the procedure for WLST laid down by the Supreme Court requires approval by the treating doctor.
The hospital where the patient is being treated must also set up the Primary and Secondary Medical Boards, comprising three registered medical practitioners each.
The Secondary Medical Board must also have a registered medical practitioner nominated by the District Health Officer. The Primary and Secondary Medical Boards will make decisions regarding WLST, after obtaining the consent of the patient's next of kin or the person nominated in the patient's advance medical directive, the order added.

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