The Odisha government has formally declared its commitment to enact the Supreme Court's judgment on Advance Medical Directives, commonly known as Living Wills. This assurance was presented before the Orissa High Court in Cuttack on Tuesday during the hearing of a Public Interest Litigation (PIL) that alleged a delay in executing the apex court's order from January 24, 2023.
Government's Unequivocal Assurance on Implementation
Additional Government Advocate Debashis Tripathy placed a written communication before the court, based on instructions from the state's Health and Family Welfare Department. The communication unequivocally stated the government's decision to implement the Supreme Court's judgment. It clarified that the process is at an advanced stage, with the finalization of a draft resolution under active consideration.
The government note explained that inputs from various departments, including the Law Department and General Administration Department, are being sought. Once these views are received, the draft resolution will be placed before the government for final approval.
Committee Work and Implementation Scope
The state informed the court that a committee, headed by Special Secretary of the Health and Family Welfare Department Dr. Bijay Kumar Mohapatra and comprising nine other members, has been actively working on the modalities. This committee held meetings on April 25, 2024, and May 20, 2025.
The committee's opinion, as per the government communication, is that Advance Medical Directives will primarily be implemented in medical colleges, super specialty hospitals, and district headquarters hospitals equipped with ICU facilities for treating terminally ill patients. A draft resolution incorporating the committee's recommendations was circulated among members in a meeting held on October 8 for re-examination and final concurrence.
Court Proceedings and PIL Background
A division bench comprising Chief Justice Harish Tandon and Justice M S Raman took the government's submission on record and adjourned the matter for further hearing on January 13. The PIL was filed on August 20, 2025, by high court lawyer Kanhayalal Sharma, seeking directions for the state to enforce the Supreme Court's mandate on Living Wills. Advocate Partha Mukherjee represented the petitioner.
This case holds immense significance as it pertains to the Supreme Court's recognition of the right to die with dignity as part of Article 21 of the Constitution. The court's directions aim to ensure uniform implementation of Living Wills across India, a process that involves high courts and state health authorities.
The government's communication iterated its stand, stating clearly that the committee will review the draft resolution once again very shortly for its finalization, moving Odisha closer to formalizing a process for honoring citizens' Advance Medical Directives.
