Core Demand of the Question
- Explain assisted dying.
- Discuss the ethical and moral implications of assisted dying..
|
Answer
Introduction
Assisted dying, also referred to as medical aid in dying, allows terminally ill, mentally competent adults to voluntarily end their lives using prescribed medication. Recently, the UK House of Commons passed the Terminally Ill Adults (End of Life) Bill, legalising the practice for patients with less than six months to live.
Body
Assisted Dying
- Definition and eligibility: Assisted dying is the voluntary ingestion of prescribed medication by adults diagnosed with terminal illness, typically having a prognosis under six months.
Eg.. In India, the Supreme Court’s Common Cause judgment (2018) allows mentally competent patients to refuse life support via living wills.
- Dual medical oversight: Two independent doctors assess the patient’s terminal condition and capacity before authorising the process.
Eg. In Canada, medical aid in dying (MAiD) requires confirmation from two providers that death is “reasonably foreseeable.”
- Self-administration rule: Patients themselves must take the medication; third-party euthanasia remains illegal in many countries.
Eg. India prohibits active euthanasia, which involves third-party intervention, under Bharatiya Nyaya Sanhita, 2023.
- Voluntary clinician involvement: Doctors and nurses may opt out based on conscientious objection, without penalisation.
Eg. US laws protect medical professionals through “conscience clauses.”
Ethical and Moral Implications of Assisted Dying
Ethical Implications
- Respect for Autonomy: The law affirms a patient’s right to choose death with dignity when facing unbearable suffering.
- Preventing Coercion: Mental health assessments and legal oversight protect against manipulation of the vulnerable.
- Risk of Expanding Criteria: Critics warn of a “slippery slope” where eligibility may broaden over time.
- Priority Over Palliative Care: There is concern that assisted dying may be chosen due to inadequate palliative care.
Moral Implications
- Sanctity of Life: Many religious and cultural traditions hold that life is sacred and must not be prematurely ended.
- Social Equity Concerns: Economic or disability-related pressure may unfairly influence the decision to die.
- Moral Duty to Relieve Suffering: Some believe it is compassionate to allow individuals to avoid prolonged pain.
- Changing Social Norms: Legalisation signals a shift toward values of dignity, self-determination, and mercy.
Conclusion
Assisted dying balances the values of individual autonomy, human dignity, and the protection of the vulnerable. While it provides a compassionate option for those facing terminal illness, ethical and moral safeguards, as well as strong palliative care systems, are crucial to ensure responsible implementation.
India’s Stand on Assisted Dying
- Landmark Judgment: In the Aruna Shanbaug case (2011), the Court allowed passive euthanasia for patients in a permanent vegetative state, but required prior High Court approval for each case.
- Passive Euthanasia Legalised (2018): The Supreme Court in Common Cause v. Union of India recognised the right to die with dignity under Article 21, legalising passive euthanasia and allowing living wills with strict safeguards.
- Living Wills Recognised: Individuals can draft an advance directive (living will) expressing their wish to refuse life-sustaining treatment under terminal or irreversible conditions.
- Simplified Guidelines (2023): The Supreme Court eased procedural complexities for passive euthanasia and living wills by allowing certification through a single medical board and removing the requirement of judicial approval.
- Active Euthanasia Remains Illegal: Active euthanasia involves direct administration of a substance to cause death. It is not permitted in India and is punishable as culpable homicide under the Bharatiya Nyaya Sanhita, 2023.
- No Physician-Assisted Suicide: India does not allow physician-assisted suicide, unlike countries like Canada or the Netherlands.
- Judicial Framework Without Legislation: There is no parliamentary law on euthanasia in India; the entire legal structure is based on Supreme Court rulings.
|
To get PDF version, Please click on "Print PDF" button.
Latest Comments