Content :
1. The long and complex road to assisted dying
2. Vaikom — two States, two leaders and a tale of reform
3. Chief Justices need longer tenures
The long and Complex Road To Assisted Dying
Intro : Assisted dying is the practice of providing terminally ill individuals with medical aid to voluntarily end their suffering and life in a dignified manner.
Relevance : GS 2( Polity and Governance)
Practice Question: Discuss the main arguments for and against the Terminally Ill Adults (End of Life) Bill 2024-25 in the UK. How does India’s approach to assisted dying differ?(250 Words)
Introduction of the Bill
- The Terminally Ill Adults (End of Life) Bill 2024-25 introduced in the UK House of Commons aims to legalize assisted dying for terminally ill adults.
- Conditions: Patient must have less than six months to live, with approval from two doctors and a High Court judge.
- Passed by a majority of 55 votes (330 for, 275 against).
- Voting was conscience-based; party whips did not influence decisions.
Milestone Achievement:
- Marks progress in recognizing the right to die as intrinsic to human liberty.
Opposition’s Arguments:
- Slippery Slope: Fear of abuse and pressure on vulnerable groups (elderly, disabled).
- International Precedents: Concerns over Canada’s expanded scope of assisted dying laws.
Proponents’ Counterarguments:
- Law tightly drafted: Applies only to competent adults with terminal diagnoses.
- Safeguards: Independent assessment, 14-day reflection, and High Court approval.
Philosophical and Religious Objections:
- Critics see it as a violation of the sanctity of life.
- Supporters argue for bodily autonomy and the alleviation of unbearable suffering.
India’s Context:
Euthanasia laws distinguish between:
- Active Euthanasia: Deliberate action to end life (e.g., administering lethal substances) remains illegal.
- Passive Euthanasia: Withdrawal of life support is legal under strict conditions per Supreme Court rulings (Aruna Shanbaug, 2011; Common Cause, 2018; modified 2023 guidelines). Requires patient consent via a living will and applies to terminally ill or vegetative patients.
- The Supreme Court recognizes the right to die with dignity as part of Article 21 of the Constitution.
Vaikom — Two States, Two Leaders and a Tale of Reform
Context : Fought against the prohibition of backward caste Hindus from walking near the Vaikom Mahadeva temple in Travancore.
Relevance: GS 1( History) ,GS 2( Social Justice)
Practice Question: What was the significance of the Vaikom Satyagraha in advancing social reform in South India? How did it influence legislation related to temple entry?(250 Words)
- Initiated by Kerala State Congress and social activists; gained momentum with Periyar’s leadership in 1924.
- Culminated in the removal of restrictions in November 1925, marking a significant step towards social justice.
Impact on Social Reform :
- Sparked mass movements across India for temple entry, including B.R. Ambedkar-led protests at Ambadevi and Kalaram Mandir.
Legislative milestones in South India:
- 1932: Bill introduced for temple entry in the Legislative Assembly.
- 1936: Travancore Temple Entry Proclamation.
- 1938: Malabar Temple Entry Bill.
- 1939: Backward castes allowed entry into major temples like Madurai Meenakshi and Thanjavur Brihadeeswara.
- 1947: Madras Temple Entry Authorization Act.
Role of the Constitution
- Dr. B.R. Ambedkar’s clause: “Subject to public order, morality, and health” (added on December 7, 1948) curtailed absolute freedom of religion, enabling state intervention for equality.
- This clause became the basis for constitutional courts to balance equality and religious freedom.
State Regulation of Temples
- Legislation like the Madras Hindu Religious Endowments Act (1927) and Tamil Nadu Hindu Religious and Charitable Endowments Act (1959) aimed at ensuring equality in temple access.
- Supreme Court judgments (e.g., Shirur Mutt case, 1954) upheld state intervention in secular aspects of religious institutions.
- Recent reforms include appointing non-Brahmin archakas (priests) in Tamil Nadu and Kerala, challenging entrenched caste hierarchies.
Resistance to Reforms
- Orthodox religious beliefs and social norms continue to resist changes like non-Brahmin priest appointments.
- Courts have largely upheld these reforms while making exceptions for “Agamic temples.”
Current Relevance and Commemoration
- The centenary of the Vaikom Struggle (December 12, 2024) highlights the socio-political legacy of Periyar and Ambedkar.
- Collaboration between Tamil Nadu and Kerala governments symbolizes ongoing commitment to social justice and reform.
- These reforms underline the shift towards equality, challenging traditional caste-based practices in religion.
Key Takeaways
- Vaikom Struggle marked a turning point in temple entry movements, catalyzing broader religious reforms.
- Ambedkar’s constitutional foresight enabled state intervention in religious matters for equality.
- Persistent reforms in South India set a precedent for caste inclusion in religious practices.
- The centenary celebrations reaffirm the commitment to a more egalitarian society through legislative and moral consensus.
Chief Justices Need Longer Tenures
Intro : Indian judiciary faces the challenge of short tenures for Chief Justices in Indian High Courts, which affects institutional effectiveness and the overall health of the judiciary.
Relevance: GS 2(Judiciary)
Practice Question: Discuss the impact of short tenures for Chief Justices on the judicial system in India. How does it affect institutional effectiveness.(250 Words)
Short Tenures:
- Many recent Chief Justices have had very brief terms (e.g., Justice Rajiv Shakdher retired after just 24 days).
- Justice Manmohan was appointed and then quickly moved to the Supreme Court.
- Average tenure of most Chief Justices is about one to one and a half years.
- Only one judge, Justice M.S. Ramachandra Rao, will serve a longer tenure (around four years).
Role of Chief Justices:
- Chief Justices play a crucial role in administering High Courts—managing finances, recommending judges, taking disciplinary actions, and participating in various legal and non-legal functions.
- Their responsibilities require understanding and engagement with diverse issues affecting the High Courts.
Challenges with Short Tenures:
- Time required to understand the complexities of a High Court’s functioning is not sufficient (average of two years).
- This limits their ability to implement reforms and innovations effectively.
- Chief Justices retire before they can fully understand their roles and make meaningful changes.
Comparison with Historical Context:
- During British rule, Chief Justices had longer tenures (average of 7-8 years).
- Madras High Court’s early history: 11 Chief Justices in 85 years with an average tenure of less than 8 years.
- In independent India, this tenure has drastically reduced (22 Chief Justices in 45 years).
Impact on Judicial Effectiveness:
- The current system’s short tenure is insufficient for Chief Justices to address complex issues comprehensively.
- Inability to foster continuity and institutional memory leads to inefficiency and hinders reform.
Need for Reform:
- Urges joint deliberation among stakeholders (judiciary, Bar, and other stakeholders) to find a solution.
- Emphasizes that resolving this issue is crucial to maintaining the credibility and efficiency of the judiciary.
