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27th December 2024 (11 Topics)

UK’s Assisted Dying

Context

The UK House of Commons voted to legalize assisted dying, also known as assisted suicide, in England and Wales. This marks a significant step towards a more compassionate approach to end-of-life choices.

The Proposed Law:

  • Key Provisions: The new Bill proposes to allow terminally ill adults who are mentally competent and have less than six months to live to seek assistance in ending their lives. The process involves:
    • Authorization: Any request must be approved by two doctors and a High Court judge.
    • Criteria: Only those with a terminal condition and the mental capacity to make such a decision would be eligible.
  • Support for the Bill: Assisted dying offers a humane and compassionate option for terminally ill adults to end their suffering. It would allow people who are facing unbearable pain and have no hope of recovery to make a choice about how and when they die.
  • Opposition to the Bill: This could lead vulnerable, severely disabled people to feel pressured into ending their lives to avoid burdening their families. There are also fears that the focus on assisted dying might undermine investments in hospice and palliative care.

Current Law in the UK:

  • Assisted Suicide: Suicide itself is not a criminal offense in England and Wales.
  • However, under the 1961 Suicide Act, assisting someone to commit suicide is a criminal act, and those found guilty could face up to 14 years in prison. The law currently makes it illegal to help anyone, even a terminally ill person, to end their life.

Status in Other Countries:

  • Many countries have taken different approaches to assisted dying or euthanasia:
    • Switzerland: The first country to legalize assisted dying in 1942.
    • USA: States like Oregon passed the Death with Dignity Act in 1997, allowing mentally sound adults with terminal illness to end their lives with self-administered drugs.
    • Canada: Since 2016, Canada's Medical Assistance in Dying (MAID) law allows both terminal and non-terminal patients (if the condition is grievous or irremediable) to seek help in ending their lives.
    • Netherlands and Belgium: Both countries have comprehensive euthanasia laws, with Belgium extending euthanasia to minors with parental consent.
    • Spain and Germany: These countries have passed laws, but their implementation is at various stages.
    • France and Ireland: These countries are still deliberating on assisted dying legislation.
Position in India:
  • Right to Die with Dignity: In 2018, India’s Supreme Court ruled that the right to die with dignity is part of the right to life under Article 21 of the Indian Constitution.
    • The Court legalized passive euthanasia, allowing the withdrawal of life support from terminally ill patients or those in a permanent vegetative state. This allows people to die naturally without prolonged medical intervention.
    • In 2019, the guidelines for passive euthanasia were simplified to address practical concerns. These included:
      • Living wills for terminal patients to choose whether to withdraw medical treatment.
      • Strict timelines and reduced bureaucratic hurdles for judicial approval.
    • In 2023, new guidelines were issued to help doctors navigate the withdrawal of medical support in a compassionate and regulated

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