The Hindu Editorial Analysis- 12th December 2024 | Current Affairs & Hindu Analysis: Daily, Weekly & Monthly - UPSC PDF Download

The long and complex road to assisted dying

Why in News?

The UK Parliament recently debated an assisted dying bill, sparking global discussion on end-of-life choices.

• This debate shows the conflict between honoring personal freedom and protecting the value of life, which brings up complicated ethical and legal issues.
• In India, passive euthanasia and advanced medical directives are allowed by law, but assisted dying is still not permitted.

Introduction of the Assisted Dying Law

• On November 29, 2024, MP Kim Leadbeater introduced the Terminally Ill Adults (End of Life) Bill 2024-25, which is also called the Assisted Dying Law, to the British House of Commons.
• This law is designed to give adults in England and Wales who are terminally ill and have less than six months to live the choice of having help to end their life.
• To be eligible for assisted death, patients must receive the correct approvals.
• These approvals include:
  • A signed request from two doctors
  • Approval from a High Court judge

Arguments in Favor of Assisted Dying:

• Autonomy and Dignity: People have the right to make decisions about their own lives and deaths, including the choice to avoid extreme suffering.
• Compassion and Relief: Assisted dying offers a caring option for those who are experiencing severe pain and suffering at the end of their lives.
• Choice and Control: This process allows individuals to have power over when and how they die, providing them with a sense of control in their last moments.
• Safeguards and Regulation: Laws can be designed with protections to stop misuse and ensure that assisted dying is only available to those who meet specific criteria.
• Respect for Individual Beliefs: It honors the different beliefs and values that people have about life and death, allowing them to make choices that match their personal views.

Arguments Against Assisted Dying:

• Sanctity of Life: Life is precious and should be safeguarded, even when someone is in pain. Allowing assisted dying challenges the fundamental value of life.
• Slippery Slope: If assisted dying is made legal, it could lead to situations where it includes vulnerable people who might feel pressured to choose to end their own lives.
• Potential for Abuse: There is a possibility that assisted dying could be exploited, especially if people are coerced or influenced against their will.
• Impact on Healthcare: It may damage the trust between patients and their doctors, and could shift the focus away from providing good end-of-life care and palliative treatments.
• Religious and Moral Objections: Many religious and ethical beliefs consider assisted dying to be wrong and a violation of the natural order of life.

Global Relevance and Implications

• The discussions about assisted dying in Britain are significant worldwide, leading to conversations about end-of-life choices and individual rights in different nations.
• In India, the Supreme Court has acknowledged a restricted right to die, which includes passive euthanasia and the ability to create advance medical directives. These directives allow individuals to express their wishes regarding medical treatment or the stopping of treatment if they become unable to make decisions.
• The discussions in Britain reveal the challenges of making laws about assisted dying, while also emphasizing key principles such as human dignity, personal freedom, and the right to make choices about one’s life and death.

Conclusion

While concerns about potential abuse and unintended consequences are valid, the central principle underlying such legislation is the preservation of human dignity and the freedom to make informed choices.

Chief Justices Need Longer Tenures

Why in News?

The Indian judiciary is currently facing a challenge due to the short tenures of Chief Justices in the High Courts. This situation is making it difficult for them to provide effective leadership and to help develop the institution. 

• The issue arises from frequent transfers and appointments, which leads to worries about the continuity and efficiency of the courts. 
• To solve this problem, a collaborative effort is needed to ensure the long-term health and stability of the Indian judicial system. 

Recent Appointments and the Problem of Short Tenures

• In September, there were eight new Chief Justices appointed to the High Courts in India.
• A major issue is the very short tenures of most of the new appointees, with some only serving for a few months.
• This problem of short tenures happens often and has a negative impact on the efficiency and effectiveness of the judiciary system.

Examples of Brief Tenures

• Justice Rajiv Shakdher became the Chief Justice of the Himachal Pradesh High Court but retired after just 24 days in that position.
• Justice Manmohan from the Delhi High Court was promoted to the Supreme Court soon after being named Chief Justice.
• Several other Chief Justices in India are also experiencing brief tenures, lasting between six to 15 months.
• Such short terms make it very difficult for them to bring about any significant changes.

The Multifaceted Role of a Chief Justice

• The Chief Justice of a High Court has an important role in managing the court, overseeing its finances, and ensuring it operates effectively.
• Their duties include:
  • Suggesting candidates for judges
  • Forming various committees
  • Addressing the welfare of court staff
  • Interacting with the legal community
• The Chief Justice is also vital for:
  • Keeping discipline in the court system
  • Handling issues related to legal education

Challenges Posed by Short Tenures

• High Courts are intricate organizations that face various needs and challenges.
• Understanding the details of these institutions takes time and a lot of effort.
• Short terms for Chief Justices make it hard for them to fully understand what the institution needs.
• Quick changes in leadership can disrupt how the court operates and slow down progress.

Historical Perspective and Concerns Raised

• During the British rule, Chief Justices usually had long terms that lasted about eight years. This long duration helped create stability and allowed them to engage more deeply with the judicial system.
• In independent India, the average length of service for Chief Justices has decreased significantly. This change has raised worries about how effective the judicial leadership can be.
• Many retired Chief Justices have shared their concerns about this situation. They believe that having longer terms is important for ensuring effective leadership and the growth of the institution.

Way Forward

• Constitutional Amendment: Change the Constitution to set fixed terms for judges in the Supreme Court and High Courts. This change would create more certainty and stability in the judicial system.
• Increased Retirement Age: Think about raising the retirement age for High Court judges to 65 years. This would match international standards and help keep experienced judges on the bench.
• Independent Judicial Commission: Create an independent body to handle judicial appointments and transfers. This would help minimize any influence from the executive branch.
• Enhanced Security of Tenure: Improve protections against the arbitrary removal of judges, so they can work without fear of losing their positions.
• Call for a Collaborative Solution: The issue of short tenures needs immediate attention and a combined effort to find solutions.
• Engagement of Stakeholders: Involve all relevant parties, including the Bar Association, in meaningful discussions to tackle this problem and ensure the judiciary operates smoothly and effectively.