In a landmark move, the Karnataka Health Department has passed a historic order implementing the Supreme Court’s directive on the “Right to Die with Dignity.” With this decision, Karnataka becomes the first state in India to officially allow terminally ill patients to choose a dignified end to life under prescribed guidelines.

This order is a step for those suffering from terminal illnesses with no hope of recovery or for individuals in a persistent vegetative state where life-sustaining treatments provide no meaningful benefits.

To ensure that patients’ wishes are respected, the Karnataka Health Department has introduced the provision for an Advance Medical Directive (AMD), commonly known as a ‘living will.’ This legal document allows patients to record their preferences regarding future medical treatments, including the decision to withdraw or withhold life-sustaining measures.

Supreme court Judgement

The implementation follows a modified judgment by the Supreme Court in Common Cause v Union of India (2018), where the court recognised that the right to life under Article 21 of the Constitution also encompasses the right to die with dignity. The Supreme Court laid down comprehensive guidelines governing the withdrawal of life-sustaining treatment (WLST) for terminally ill patients.

Key provisions include:

The treating doctor must approve the withdrawal of life-sustaining treatment.

Hospitals are required to set up Primary and Secondary Medical Boards comprising three registered medical practitioners each. The Secondary Board must also include a practitioner nominated by the District Health Officer.

Decisions regarding WLST must comply with the court-mandated procedure to ensure ethical and legal adherence.