Mumbai: Taking a definitive step toward operationalising passive euthanasia and honouring “Living Wills” (Advance Medical Directives), the Maharashtra government has officially structured Primary and Secondary Medical Boards for private hospitals across the state.
Issued in the name of the Governor of Maharashtra and signed by Under Secretary A.B. More, the Government Resolution (GR) establishes a statutory framework for private healthcare settings. This follows a parallel setup established for public and semi‑government hospitals in late 2024.
District Civil Surgeons across Maharashtra have been ordered to notify all private medical institutions under their purview to implement the directives. The GR has proposed a two‑tier board composition for private hospitals.
To ensure medical scrutiny and prevent misuse, the GR mandates a strict two‑stage approval workflow before any life‑sustaining treatment can be legally withdrawn.
The Primary Medical Board, formed at the hospital where the terminally ill patient is admitted, will review the feasibility of the request.
The Medical Director, Chief Executive Officer (CEO) or Medical Superintendent of the hospital will chair the board, with members including the patient’s treating specialist, a critical care specialist and a senior physician or surgeon.
The Secondary Medical Board, acting as an independent safeguard, is formalised by the District Civil Surgeon. The Medical Director of the concerned private hospital will chair it, with members including the treating specialist, two external subject‑matter experts (each with more than five years of experience), an external empanelled specialist nominated by the District Civil Surgeon, and the District Civil Surgeon.
For Mumbai and Mumbai Suburban districts, the Medical Superintendent of J.J. Hospital will serve as a permanent member.
District Civil Surgeons have been instructed to urgently construct panels of registered medical practitioners within their jurisdictions to ensure the boards can be mobilised without delays.
The state’s intervention is anchored in the Supreme Court judgment delivered on March 11, 2026, in Harish Rana vs. Union of India & Ors. Rana had been in a permanent vegetative state for 13 years following an accident in 2013.
The Apex Court ruled that Clinically Assisted Nutrition and Hydration (CANH) legally constitutes “medical treatment” rather than basic care, meaning it can be withdrawn if it no longer serves the patient’s best interests. Rana passed away peacefully at AIIMS, Delhi, on March 24, 2026.
The Supreme Court reinforced the execution of “Living Wills” originally recognised in the 2018 Common Cause case. A Living Will is a written directive allowing individuals to state in advance that they do not wish to be kept alive by artificial support if they slip into an irreversible, terminal condition.
The Court mandated that whether a patient has a Living Will or their next‑of‑kin applies on their behalf, dual clearance from both boards is legally non‑negotiable.
Maharashtra’s GR builds the clinical infrastructure to ensure that citizens’ constitutional “right to die with dignity” translates from legal theory into a protected medical reality within the private healthcare sector.
(IANS)
