Syllabus
GS Paper 4 – Ethics and Human Interface: Essence, determinants and consequences of Ethics in-human actions; dimensions of ethics; ethics – in private and public relationships.
Context
The lawsuit against OpenAI in India would establish foundational precedents for determining the legal accountability of AI developers
Source
The Hindu| Editorial dated 12th December 2024
The long and complex road to assisted dying
The Terminally Ill Adults (End of Life) Bill, 2024-25, introduced in the British Parliament, has reignited global debates surrounding the ethics, legality, and human rights implications of assisted dying. While the Bill aims to provide terminally ill patients the right to end their suffering, it has sparked polarised views reflecting philosophical, medical, and legal concerns. The discussions carry universal relevance, particularly for nations like India, where laws around euthanasia remain restrictive.
The Provisions of the Assisted Dying Law
- Eligibility Criteria: The law applies to terminally ill adults with less than six months to live, provided they are assessed as competent to make such decisions.
- Approval Mechanism: Requires the endorsement of two doctors and a High Court judge for each case.
- Reflection Period: Includes a 14-day period for patients to reconsider their decision.
- Goal: Aims to provide terminally ill patients with autonomy over their end-of-life choices while ensuring safeguards against misuse.
The Ethical Complexity of Assisted Dying
- Slippery Slope Argument: Critics highlight risks of extending the law’s scope to vulnerable groups such as the elderly or disabled, drawing parallels with Canada’s expanded assisted dying laws.
- Religious and Philosophical Opposition: Many argue it violates the inviolability of life, treating the act as ethically incompatible with the sanctity of human existence.
- Dignity and Autonomy: Proponents emphasize the freedom to choose a dignified death, rooted in personal sovereignty over one’s body.
Lessons from Other Jurisdictions
- Canada: Initially allowed assisted dying for foreseeable death; later expanded to include grievous and irremediable conditions, raising concerns about scope creep.
- France: A 2001 Supreme Court ruling protected workers from coercive measures, providing jurisprudence for laws protecting autonomy.
- India: Recognised a limited right to passive euthanasia and advance medical directives through the Common Cause (2018) judgment, though assisted dying remains illegal.
Safeguards to Prevent Misuse
- Stringent Assessment: Provisions include evaluations by medical professionals and legal oversight, ensuring that only competent individuals can avail of the law.
- Transparency Measures: Mandates independent reviews and documentation to prevent coercion and misuse.
- Reflection Period: The two-week reconsideration period ensures decisions are not made impulsively or under duress.
Impact on Human Rights and Dignity
- Right to Privacy and Autonomy: Aligns with principles established in landmark cases such as Ronald Dworkin’s emphasis on individual autonomy.
- Relief from Suffering: Provides a compassionate solution for patients enduring unbearable pain and terminal illnesses.
- Challenges: Balances ethical considerations against the need to prevent abuse and safeguard the dignity of vulnerable populations.
Implications for India
- Current Legal Framework: India allows passive euthanasia but lacks provisions for assisted dying. The Common Cause case recognised the right to refuse treatment but fell short of enabling active assistance in dying.
- Cultural Sensitivities: Religious and societal norms pose challenges to the acceptance of such legislation.
- Future Considerations: A progressive law in India could balance compassion with safeguards, reflecting privacy, dignity, and autonomy principles.
Conclusion
The Assisted Dying Law in the U.K. represents a milestone in recognising the autonomy and dignity of terminally ill patients. While challenges such as the slippery slope and ethical opposition persist, the Bill’s stringent safeguards aim to address these concerns. Nations like India can draw lessons from these debates to advance their discourse on end-of-life rights. Ultimately, the principle of alleviating human suffering, respecting personal choices, and preserving dignity remains central to this sensitive yet necessary legislation.
Related PYQ
Ethics is knowing the difference between what you have the right to do and what is right to do? [ UPSC Civil Services Exam – Mains 2022]
Practice Question
The Assisted Dying Law raises significant ethical, legal, and human rights questions. Discuss the implications of legalising assisted dying on individual autonomy, societal norms, and public policy? [250 words]
Guidelines for Answering the Question
- Introduction:
- Briefly explain what the Assisted Dying Law entails.
- Body:
- State its relevance to autonomy, human dignity, and ethical debates.
- Mention its global significance and applicability to India.
- Highlight ethical arguments for and against (e.g., autonomy vs sanctity of life).
- Discuss the balance between individual rights and societal values.
- Discuss potential steps for legislative action and safeguards.
- Conclusion:
- Summarise the need for balancing ethical, legal, and societal concerns.
- Emphasise a rights-based, compassionate approach to policy formulation.