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UK’s Assisted Dying Bill
Context:
On November 29, the UK House of Commons passed the Terminally Ill Adults (End of Life) Bill by a majority of 330 to 275 votes, with 38 MPs abstaining.
More on News:
- This “free vote” allowed MPs to vote based on personal conscience rather than party lines.
- The Bill will now be reviewed by a public bill committee, followed by another vote in the House of Commons.
- If approved, it will proceed to the House of Lords for further scrutiny before a final decision.
Why Was the Bill Introduced?
- The Bill was introduced to address the needs of terminally ill patients seeking control over the timing and manner of their death.
- In the UK, assisted dying and euthanasia are currently illegal, with assisted suicide punishable by up to 14 years in prison.
- However, there has been increasing debate over the past decade, with proponents advocating for the autonomy and dignity of terminally ill individuals, and detractors warning of potential misuse and risks to vulnerable populations such as the elderly and disabled.
Key Provisions of the Bill:
- Eligibility: Terminally ill individuals aged 18 or older with the mental capacity to decide.
- The illness must be irreversible and expected to lead to death within six months.
- Excludes individuals with disabilities or mental disorders.
- Procedure: The patient submits a “first declaration” witnessed by a coordinating doctor and another individual.
- A coordinating doctor and an independent doctor assess the patient’s eligibility.
- If both doctors agree, the request is referred to the High Court, which ensures all legal requirements are met.
- Following court approval, a 14-day “second reflection period” begins, after which the patient signs a “second declaration.”
- An “approved substance” is then provided, to be self-administered by the patient. Doctors are prohibited from administering the substance themselves.
Comparison with Indian Law:
In India, passive euthanasia—withdrawing life support to allow natural death—has been legal since 2018, recognised as part of the constitutional right to die with dignity under Article 21.
However, it differs significantly from the UK’s proposed law:
- Active Role of Patient: The UK Bill allows patients to actively choose when to die by self-administering medication. India permits only the withdrawal of medical interventions.
- Regulation and Oversight: In India, passive euthanasia requires multiple approvals, including medical boards and judicial oversight. Despite revised guidelines in 2023 to simplify the process, implementation remains limited due to low awareness and practical challenges.
- Draft Guidelines: In 2024, India’s Ministry of Health and Family Welfare issued draft guidelines on withdrawing medical support, seeking stakeholder feedback to streamline the process.
- The UK’s Bill marks a shift toward providing terminally ill patients with greater agency, while India’s approach remains more conservative, emphasising passive measures and extensive safeguards.
