Guidelines violate right to life: PIL

A public interest litigation has been filed in the Bombay High Court challenging the December 2023 guidelines issued by the Ministry of Health and Family Welfare (MOHFW) that allows a patient, a relative or a doctor to decide not to admit or to stop treatment in an intensive care unit (ICU) without formation of a medical committee or reporting to any authority.

- URVI MAHAJANI

The PIL by Medico Legal Society of India, a Pune based association of doctors and lawyers, states: "Any person with malicious intent may be in a position to decide about the life and death of others.

This is akin to active euthanasia which is not permitted in India." The Supreme Court, on January 24, 2023, modified an earlier 2018 judgement which provided the procedure to be followed for handling situations when a patient is suffering from a medical condition "with no hope of recovery" and continued on life support, whether the patient has given advance directive or otherwise.

As per the 2018 judgement, the treating physician has to make a request and form a three-doctor committee to examine the patient within 72 hours.

A second three-doctor committee would then be formed by the Judicial Member First Class (JMFC) within 72 hours. Only after the JMFC approves, the treatment would be stopped.