Karnataka health dept passes order to implement SC's directive for patient's right to die with dignity

Bengaluru: Karnataka has decided to implement the Supreme Court’s directive on terminally ill patients’ right to die with dignity, becoming one of the few states in the country to do so.

The directive applies to patients with no hope of recovery, or who are in a persistent vegetative state, and where the patient no longer benefits from life-sustaining treatment.

Health Minister Dinesh Gundu Rao described the move as "historic" saying, "This important step will bring great relief and a dignified sense of closure to many families and individuals."

He added: "Karnataka is a progressive state and we are always at the forefront of upholding liberal and equitable values for a more and just society.”

The apex court's directive recognises that the right to life under Article 21 of the Constitution encompasses the right to die with dignity.

In addition, Karnataka's Health and Family Welfare Department has also come out with an Advance Medical Directive (AMD), or a living will, in which one can record their wishes about their medical treatment in the future.

To enable a dignified death, the government order holds that life-sustaining treatment may be withheld or withdrawn where the patient is terminally ill.

The procedures for executing and implementing the withdrawal or withholding of life-sustaining treatment (WLST) require approval from the treating doctor.

"The hospital where the patient is being treated must set up the Primary and Secondary Boards, comprising three medical practitioners each. The Secondary Medical Board must also have a registered medical practitioner nominated by the District Health Officer. The boards will take a call on the WLST, after obtaining consent of the patient's family members," the order states.

In the case of AMD, patients can nominate at least two persons to take healthcare decisions in case they lose decision-making capacity.

An AMD can guide the team of doctors, nurses and healthcare professionals, indicating the kind of treatment the patient may or may not have wanted.

Speaking to DH, Gundu Rao said the order applied to all hospitals across Karnataka and added that district health officers of all districts were required to nominate registered medical practitioners who could serve as members of the Secondary Medical Board to certify WLST.