ASSISTED DYING: INDIA VS UK

Last Updated on 4th December, 2024
4 minutes, 25 seconds

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Context:

The House of Commons voted in favor of the Terminally Ill Adults (End of Life) Bill to allow terminally ill patients to request assistance in ending their own lives.

What is Assisted Dying?

It is the practice of assisting a person who wishes to end their own life, mainly due to long-term illness or severe suffering. Assistants can take many forms, including providing the necessary means or information to allow the person to carry out the act themselves.

Assisted Dying Bill in the UK

The bill was introduced in response to ongoing discussions and growing concern about the suffering of terminally ill patients. 

The supporters argue that end-of-life care usually fails to provide adequate pain and symptom management, and legalizing assisted dying would allow patients to choose a humane and dignified end to their suffering. 

Procedure outlined in the bill

The bill allows terminally ill patients over the age of 18 with mental capacity to request assisted suicide. The patient must have been a resident of England or Wales for at least 12 months and have a terminal illness with a 6-month death prediction. 

The procedure involves submitting a "first declaration" in front of a coordinating doctor, followed by assessments from both the coordinating and independent doctors. If both doctors agree, the case is referred to the High Court for final approval. 

After a 14-day period of examination, the patient can confirm their request for assisted suicide by signing a "second declaration." The patient is responsible for administering the approved substance on their own.

How does the UK’s assisted dying law compare to India’s position on euthanasia?

The UK's Assisted Dying Bill gives patients a more active role in deciding when to end their lives, with the assistance of doctors. 

In 2018, the Supreme Court of India ruled that passive euthanasia allows terminally ill patients to die naturally by withdrawing life support. 

Unlike assisted dying in the UK, India's euthanasia policy does not allow active assistance to end life.

The Indian Supreme Court mandates multiple levels of approval and guidelines for passive euthanasia, such as the presence of a living will or family consent.

How does India regulate passive euthanasia?

In the Common Cause Judgment (2018), the Supreme Court acknowledged the right to die with dignity as a fundamental right. It enabled passive euthanasia and the creation of a living bill, which allows people to refuse medical treatment in the event of a terminal illness. 

In 2023, the court changed the 2018 guidelines to streamline the process, limiting the Judicial Magistrate's involvement and imposing stricter deadlines.

 In August 2024, the Ministry of Health and Family Welfare issued draft guidelines for withdrawing medical support from terminally ill patients, to get feedback from stakeholders to ensure that the process is clear and practical for both medical professionals and patients.

Must Read Articles: 

ASSISTED DYING

RIGHT TO DIE WITH DIGNITY

PASSIVE EUTHANASIA

Source: 

Indian Express

PRACTICE QUESTION

Q.What are the ethical challenges of allowing physicians to assist in ending a patient's life, even when the patient is terminally ill and suffering? (150 words)

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