Assisted Dying: Should It Be Legalized? 

Source: This post on Assisted Dying: Should It Be Legalized?  has been created based on “Should assisted dying be legalised?” published in The Hindu on 27th December 2024. 

UPSC Syllabus topic: GS Syllabus 2- Issues Relating to Development and Management of Social Sector/Services relating to Health, Education, Human Resources 

Context: The article examines the legal and ethical dimensions surrounding the debate on assisted dying, a practice where terminally ill individuals may choose to end their lives with medical assistance.

What is the current debate around assisted dying in the U.K.? 

1. The U.K. House of Commons recently voted to legalize assisted dying for terminally ill adults in England and Wales, signaling a significant social shift.  
2. Proponents view it as a humane way to end suffering, while opponents fear it could pressure vulnerable individuals to end their lives.  
3. Concerns include the potential impact on hospice and palliative care services and ethical issues highlighted by figures like the head of the Church of England. Public support, however, is high, with 75% favoring legalization. 

What are the existing laws regarding assisted dying in the U.K.? 

1. Suicide Laws: Suicide and attempted suicide are not criminal offenses in England and Wales. 
2. Assisted Dying Laws: Encouraging or assisting suicide is illegal under the 1961 Assistive Suicide Act, with offenders facing up to 14 years in prison. 

What changes does the proposed law introduce? 

The new Bill aims to: 

1. Allow terminally ill, mentally competent adults with less than six months to live the option to end their lives. 
2. Require approval from two doctors and a High Court judge for such a decision. 

 What concerns have been raised by petitioners and opponents? 

Petitioners argue that: 

The 1961 law violates their rights under the European Convention on Human Rights (ECHR), including:  

1. Right to life (Article 2): Emphasizing self-determination. 
2. Freedom from cruel treatment (Article 3): Suffering caused by the denial of assisted dying. 
3. Right to privacy and conscience (Articles 8 and 9): Interference with personal decisions. 
4. Anti-discrimination (Article 14): Discrimination against disabled individuals needing assistance. 

How have the U.K. courts responded? 

1. In 2002, the House of Lords rejected these arguments. 
2. In 2014, the Supreme Court acknowledged that the 1961 law was incompatible with the rights of certain petitioners but deferred the decision to Parliament. 
3. In 2015, the European Court of Human Rights upheld that it was Parliament’s prerogative to decide on legislative changes. 

What is India’s legal stance on euthanasia? 

1. In Common Cause vs. Union of India (2018):  The Supreme Court affirmed that the “right to die with dignity” is integral to Article 21 (Right to Life). Passive euthanasia was legalized, allowing the withdrawal of life support for terminally ill or vegetative patients.
2. Living Will Guidelines:  Patients can execute a living will, attested by two witnesses and a Judicial Magistrate. The process was simplified in 2023 to make it more practical and impose strict timelines. 
3. Draft Health Ministry Guidelines (2023):  Doctors should avoid initiating life support when it offers no benefit and may cause suffering or loss of dignity. 

How do the U.K. and India compare on euthanasia laws? 

1. The U.K. is debating the legalization of assisted dying, involving active measures to end life, while India allows only passive euthanasia through withdrawal of medical support.
2. India’s legal framework prioritizes the “right to die with dignity” under strict judicial and procedural safeguards.