Karnataka, second after Kerala to implement SC ruling; To benefit terminally ill patients with no sign of recovery, says Health Minister Dinesh Gundu Rao

Bengaluru:  In a significant step, the State Government has issued an order to implement the Supreme Court’s directive regarding the “Right to Die with Dignity” for terminally ill patients. The order was signed on Jan. 30 by the Principal Secretary of Health and Family Welfare Department, Harsh Gupta, marking the official implementation of this landmark decision.

With this, Karnataka becomes the second State after Kerala to implement SC’s ruling dated Jan. 24, 2023. It is expected to bring much-needed relief to individuals suffering from terminal illnesses, with unbearable suffering and no hope of recovery.

Announcing this to the media here yesterday, Health and Family Welfare Minister Dinesh Gundu Rao described the decision as historic, emphasising the profound impact it will have on the patients in a vegetative state.

“The right to die with dignity ensures that patients in such conditions, who no longer benefit from life-sustaining treatment, will be given the choice to end their suffering with dignity,” he said.

As part of the order, the Government has set up two Committees, each comprising three doctors, who will decide whether a terminally ill patient should be granted permission for mercy killing, conforming with the guidelines set by the Supreme Court. These Committees will play a key role in ensuring that the decision to withhold or withdraw life-sustaining treatment is made with medical expertise and ethical considerations.

In addition to the right to die with dignity, the Government has introduced an Advance Medical Directive (AMD) or a living will. This document allows individuals to record their wishes regarding medical treatment in advance, particularly in situations where they may become unable to communicate their decisions due to a terminal illness or injury.

The AMD would provide immense relief and a sense of closure to both individuals and their families, allowing them to make informed decisions about medical treatment in the future. This step underscores the Government’s commitment to supporting patients’ rights to make autonomous choices about their health care.

To facilitate the implementation of the right to die with dignity, the State Government has outlined the roles of medical professionals. The order mandates that District Health Officers (DHO) nominate registered medical practitioners, including neurologists, neurosurgeons, surgeons, anaesthetists or intensivists, to serve as Members of the Secondary Medical Board. This Board will be responsible for certifying cases where life-sustaining treatment may be withheld or withdrawn, ensuring that the patient is truly in a terminal state with no chance of recovery.

The order also states that medical professionals who are part of the Board of Medical Experts for certifying brain-stem death, as per The Transplantation of Human Organs and Tissues Act, 1994, will be considered eligible for nomination to the Board.