Britain’s Parliament Voted for Legalising Assisted Dying

Syllabus: GS2/Polity/Health/GS4/Ethics

Context

• Britain’s House of Commons voted by a majority to legalise assisted dying — a less controversial synonym for assisted suicide in England and Wales. 

About

• The Bill seeks to give terminally ill, mentally competent adults who have less than six months to live a reliable method of forecasting survival.
  • Any such request must be authorised by two doctors and a High Court judge.
• Current Law: 
  • Suicide, (self-inflicted death), or attempted suicide are not in themselves criminal offences in England and Wales. 
  • Conversely, an act that encourages or assists a person to commit suicide or attempted suicide is a criminal offence that carries a 14-year prison sentence under the 1961 Assistive Suicide Act.
• Advocates regard the new Bill as a humane and compassionate intervention that brings closure to a painful dependence on the immediate family. 
• Opponents are apprehensive that the severely disabled and vulnerable patients may feel forced to end their lives to relieve the burden on relatives. 

What is Assisted Dying?

• Assisted dying refers to the act of helping someone intentionally end their life, typically to relieve suffering from a terminal illness or severe, untreatable pain. 
• There are two main forms:
  • Assisted Suicide: A person, with the help of a medical professional or another person, takes their own life, usually by consuming a prescribed lethal dose of medication.
  • Euthanasia: A doctor or healthcare provider actively administers a lethal substance to end the life of a patient, typically at their request, to relieve extreme suffering.
• The practice of assisted dying is highly controversial and is legal in only a few countries or regions, with strict guidelines and regulations where it is permitted.
  • Switzerland was the first country which in 1942 legalised assisted dying. Later on the U.S., Australia and New Zealand enacted related legislations.
  • Canada’s 2016 Medical Assistance in Dying law may be availed even by those whose condition is not terminal. 

What is the position in India?

• The Supreme Court had in 2018 legalised passive euthanasia, contingent upon the person having a “living will”.
  • SC held that the ‘right to die with dignity’ forms a part of the right to life under Article 21 of the Constitution of India. 
  • A living will is a written document that specifies the actions to be taken if the person is unable to make their own medical decisions in the future. 
  • Goa is the first state that has formalised, to some extent, the implementation of directives issued by the Supreme Court.
• Recently, the Health Ministry released draft guidelines on withdrawing medical support for terminally ill patients.
  • These specify that doctors must refrain from initiating life-support measures when they offer no benefit to the patient and are likely to cause suffering and a loss of dignity.

Arguments in Favour of Assisted Dying

• Autonomy and Choice: Individuals should have the right to make decisions about their own lives, including the choice to end it to avoid prolonged suffering.
• Relief from Suffering: Assisted dying provides a compassionate option for those with terminal illnesses or unbearable pain, allowing them to die with dignity.
• Quality of Life: For some, the quality of life may deteriorate to a point where death is seen as a better option than living with constant suffering or loss of independence.
• Respect for Individual Rights: People should have control over their bodies and lives, including the decision to end their life in a humane and controlled manner.

Arguments Against Assisted Dying

• Moral and Ethical Concerns: Many believe that taking a life, even at the person’s request, is morally wrong and goes against the sanctity of life.
• Risk of Abuse: Vulnerable individuals, such as those with mental health issues or pressure from family, may be coerced into choosing assisted dying.
• Medical Ethics: Healthcare professionals are traditionally bound to preserve life, and assisted dying may conflict with the fundamental role of doctors in healing and care.
• Alternative Solutions: Advocates argue that palliative care and pain management can provide relief, making assisted dying unnecessary.

Way Ahead 

• Stronger Regulations: Implementing strict legal safeguards to ensure it is only available to those who meet specific criteria.
• Palliative Care Expansion: Improving access to high-quality palliative care to address suffering and reduce the demand for assisted dying.
• Public Debate: Ongoing discussions about the moral, legal, and ethical implications of assisted dying, can be considered while framing the guidelines.
• International Perspective: Countries may look to those with legal assisted dying frameworks (e.g., the Netherlands, Canada) for guidance on effective regulation and safeguards.
• Mental Health Support: Providing psychological evaluations to prevent coercion or impulsive decisions and ensure informed consent is given.

Source: TH