On 30th January 2025, Karnataka became the second state in India, after Kerala, to implement the Supreme Court’s order to allow terminally ill patients the right to die with dignity by withdrawing or withholding life-sustaining treatment. This will help those with no hope of recovery or those who are in a persistent vegetative state and where the patient no longer benefits from life-sustaining treatment.

Background- On January 24, 2023, the Supreme Court, in its judgment, said the right to life guaranteed under Article 21 of the Constitution encompassed the right to die with dignity.

The salient points of this order are as follows -

• A patient can make an advanced directive or living will stating the kind of treatment they wish to receive and avoid. They can also nominate two people to make decisions on their behalf if they are incapacitated.

• Of such patients, those patients who are terminally ill and undergoing prolonged medical treatment with no hope of recovery and no decision-making capacity can have their life-supporting treatment withheld or withdrawn after the following conditions are fulfilled -

  • The decision has to be certified by two medical boards (primary and secondary) formed at the treating hospital:

    • The first board will comprise three registered medical practitioners (RMPs), which can be a neurologist, neurosurgeon, surgeon, and anesthetist or intensivist approved by an appropriate authority.

    • The second board will comprise an RMP nominated by the District Health Officer -They will take the decision after obtaining consent from the patient’s next of kin or the person(s) mentioned in the advanced directive.

  • Two copies of the decision will be sent to the Judicial Magistrate of First Class (JFMC), who will then send a copy to the Registrar of the High Court for the record.