The Supreme Court of India has indicated it will seek expert medical intervention from the All India Institute of Medical Sciences (AIIMS) to review and potentially refine the procedures used to declare a patient brain dead.
During a hearing on Tuesday, a bench comprising Justices Vikram Nath and Sandeep Mehta deliberated on a petition challenging a 2017 Kerala High Court order. The plea highlights concerns regarding alleged malpractices and the lack of verifiable medical evidence in current brain death certification processes.
The petitioner, appearing in person, argued that the current system requires more rigorous diagnostic standards to ensure absolute certainty before a patient is declared brain dead. Defining brain death as a condition where blood supply to the brain has completely ceased, the petitioner proposed the mandatory inclusion of specific diagnostic tests.
Specifically, the petitioner suggested that angiography and Electroencephalogram (EEG) tests—which measure electrical activity in the brain—should be integrated into the standard protocol to provide “verifiable evidence” of the condition.
In response to these suggestions, the Supreme Court bench directed the petitioner to submit the proposals in writing. The Court expressed its intention to involve top-tier medical expertise to evaluate the technical feasibility and necessity of these changes.
“We propose to request the head of the department of neurology, AIIMS, to constitute a committee and give us a report or comments on the suggestions made by you,” the bench remarked during the proceedings.
The move marks a significant step toward potentially updating national medical guidelines, ensuring that the transition from life-sustaining care to organ donation or the withdrawal of support is governed by the highest possible evidentiary standards.
The matter originated from a 2017 Kerala High Court judgment which the petitioner claims did not adequately address the potential for malpractice in brain death declarations. By involving AIIMS, the apex court aims to bridge the gap between legal requirements and medical certainties.
The Supreme Court has scheduled the next hearing for July, by which time the expert committee’s observations are expected to be considered.
