Should Assisted Dying Be Legalized?

Sub : Polity

Sec: Constitution

Why in News

On November 29, Britain’s House of Commons voted to legalize assisted dying in England and Wales. This significant decision, often referred to as assisted suicide, has sparked a profound societal debate. The new legislation, while supported by many as a compassionate step forward, has drawn criticism over its ethical, philosophical, and social implications.

Assisted Dying:

Assisted dying refers to providing medical assistance to terminally ill individuals who wish to end their lives voluntarily.
Advocates see it as a humane option to alleviate suffering, while critics warn of potential exploitation of vulnerable individuals.

Legal Landscape in the U.K.

Current Law: Suicide is not a criminal offense in England and Wales. Assisting or encouraging suicide, however, is punishable by up to 14 years of imprisonment under the 1961 Suicide Act.
Proposed Law: Allows terminally ill, mentally competent adults with less than six months to live to opt for assisted dying. Requires approval from two doctors and a High Court judge to ensure the legitimacy of the request.

Ethical and Legal Challenges

Petitioners have argued that the 1961 Act violates their rights under the European Convention on Human Rights (ECHR), particularly:
Article 2: Right to life, interpreted as including the right to self-determination.
Article 3: Prohibition of cruel and degrading treatment due to the denial of assisted dying.
Articles 8 & 9: Rights to privacy and freedom of conscience.
Article 14: Prohibition of discrimination against disabled individuals.

India’s Legal Stance:

2018 Judgment: The Supreme Court of India, in Common Cause vs. Union of India, affirmed that the “right to die with dignity” is integral to the right to life under Article 21 of the Constitution.
Legalized passive euthanasia, allowing withdrawal of life support for terminally ill patients or those in a permanent vegetative state.
Living Will: Individuals can create a living will, which must be executed in the presence of two witnesses and attested by a Judicial Magistrate.
Simplified Guidelines (2023): The Supreme Court streamlined the process for passive euthanasia, introducing strict timelines and limiting the role of Judicial Magistrates.
Health Ministry Draft Guidelines (2023): Proposed that doctors avoid initiating life-support measures when they offer no benefit and may cause undue suffering.