Introduction:

On April 24, 2025, the Karnataka High Court, comprising Chief Justice N V Anjaria and Justice K V Aravind, disposed of a Public Interest Litigation (PIL) concerning the enforcement of the Supreme Court’s directives on advance medical directives, commonly known as “living wills.” The PIL, filed by Advocate Shiv Kumar, sought the implementation of the Supreme Court’s modified guidelines from its 2023 judgment in the case of Common Cause v. Union of India. These guidelines aim to streamline the process for individuals to make advance medical directives, ensuring their right to die with dignity.

Arguments:

The petitioner argued that despite the Supreme Court’s directives, there was a lack of effective implementation at the state level. He emphasised the need for appointing competent officers at local government levels to act as custodians of these directives and to establish a framework for their maintenance and execution. The petitioner also highlighted the necessity for public awareness campaigns to educate citizens about their rights concerning end-of-life decisions.

In response, the State Government submitted a memo detailing the steps taken to comply with the Supreme Court’s directives. This included the issuance of orders and circulars to facilitate the implementation of advance medical directives across various administrative levels. The government also outlined measures to appoint competent officers responsible for maintaining records of such directives and ensuring their execution when required.

Judgement:

After reviewing the submissions, the High Court acknowledged the efforts made by the State Government and noted the petitioner’s satisfaction with these measures. Consequently, the court disposed of the PIL, stating that no further action was necessary at this juncture. The court also directed the Bruhat Bengaluru Mahanagara Palike (BBMP) to ensure compliance with the Supreme Court’s directives, emphasising its legal obligation to do so.

The Supreme Court’s 2023 judgment had modified its earlier 2018 guidelines on advance medical directives, recognising the procedural challenges faced by individuals in executing such directives. The revised guidelines simplified the process, allowing individuals to name multiple guardians or close relatives in their directives and reducing bureaucratic hurdles. The judgment underscored the importance of respecting individuals’ autonomy and their right to make informed decisions about their medical treatment, especially in situations where they might become incapacitated.

The Karnataka High Court’s decision to dispose of the PIL reflects the judiciary’s acknowledgement of the State Government’s proactive steps in aligning with the Supreme Court’s vision. It also highlights the collaborative efforts between the judiciary and the executive in upholding citizens’ rights and ensuring the effective implementation of landmark judgments.