The Supreme Court on Friday declared that its judgment in the case of Aruna Shanbaug is “flawed.”The Constitution Bench was. The case before us is a writ petition under Article 32 of the Constitution, .. Finally, we have given our opinion in the case of Aruna Shanbaug. Pinki Virani had filed a plea in seeking that Aruna Shanbaug, who lived in a vegetative state for decades after a brutal rape, be allowed.

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The legality of passive euthanasia in India was short-lived. Voluntary euthanasia is where the consent is taken from the patient, whereas non voluntary euthanasia is where the consent is unavailable e.

Pinki Virani has written a book about Aruna Shanbaug and has visited her a few times, and we have great respect for her for the social causes she has espoused, but she cannot claim to have the extent of attachment or bonding with Aruna which the KEM hospital staff, which has been looking after her for years, claims to have.

Integrating Safety and Process Environments. Right from illustrious Dr.

The attack – The Aruna Shanbaug case which changed euthanasia laws in India | The Economic Times

With every new batch of entrants, the student nurses are introduced to her and they are told that she was one of us and she continues to be one of us and then they whole-heartedly take care of Aruna. At least, not unless one started the fire in the first place. The Central Government is directed to arrange for the air travel expenses of all the three doctors as well as their stay in a suitable accommodation at Delhi and also to provide them necessary conveyance and other facilities they require, so that they can appear before us on Whilst this Court has held that there is no right to die suicide under Article 21 of the Constitution and attempt to suicide is a crime vide Section IPC, the Court has held that the right to life includes the right to live with human dignity, and in the case of a dying person who is terminally ill or in a permanent vegetative state he may be permitted to terminate it by a premature extinction of his life in these circumstances and it is not a crime vide Gian Kaur’s case supra.


But if the question is asked, as in my opinion it should be, whether it is in his best interests that treatment which has the effect of artificially prolonging his life should be continued, that question can sensibly be answered to the effect that it is not in his best interests to do so. Aruna Ramchandra Shanbaug 1 June — 18 Maywas an Indian nurse who was at the centre of attention in a court case on euthanasia after spending 42 years in a vegetative state as a result of sexual assault.

I return to the patient who, because for example he is of unsound mind or has been hudgement unconscious by accident or by illness, is incapable of stating whether or not he consents to treatment or care. Shanbaug remained in a vegetative state from until her death in The patient is unconscious, completely unresponsive, has no reflex activity from centres in the brain, and has no breathing judgrment on his own.

We could have dismissed this petition on judegment short ground that under Article 32 of the Constitution of India unlike Article the petitioner has to prove violation of a fundamental right, and it has been held by the Constitution Bench decision of this Court aruuna Gian Kaur vs.

The court referred the issue to a larger Constitution Bench for resolution, writing:. The space which the brain should occupy is full of watery fluid.

Aruna Shanbaug case played large role in SC’s landmark verdict on passive euthanasia

This further complicates the debate regarding the legality of such a wish by bringing in morality and ethics of such an act. Anumol played Aruna in the Malayalam film Maram Peyyumbol.

Acting in the patient’s best interest means following a course of action that is best for the patient, and is not influenced by personal convictions, shannbaug or other considerations.

The asphyxiation cut off oxygen to her brain, resulting in brain stem contusion injury, cervical cord injury, and cortical blindness. Passive movement Movement of a limb or part of the body done by judgwment doctor without any effort by the patient Perception Sensory experiences such as seeing, hearing etc. The troublesome question is what happens when the patient is in no arkna to be able to say whether or not he consents to discontinuance of the treatment and has also given no prior indication of his wishes with regard to it as in the case of Aruna.


It is alleged that there is not the slightest possibility of juegement improvement in her condition and her body lies on the bed in the KEM Hospital, Mumbai like a dead animal, and this has been the position for the last 36 years.

Oregon was the first state in U. Vegetative State VS The complete absence of behavioral evidence for self or environmental awareness. She was able to take oral feeds till 16th Septemberwhen she developed a febrile illness, probably malaria. However, the lethal injection must be administered by the patient judbement, and physicians are prohibited from administering it.

On May 18,Shanbaug then 66, died of severe pneumonia.

In order to take care of judgsment calorie make need, nurses cadre resorted to naso-gastric tube feed and now she is used to NG feeding. Rodriguez, a woman of 43, was diagnosed with Amyotrophic Lateral Sclerosis ALSand requested the Canadian Supreme Court to allow someone to aid her in ending her life.

I visit her frequently and my last visit to her was on 22nd February, The police case was registered as a case of robbery and attempted murder because of the concealment of anal rape by the doctors under the instructions of the Dean of KEM, Dr. This includes many American precedents- such as Schmidt v. She digests food, and her body performs other involuntary function without any help.

Definition and diagnostic criteria.

It is thus obvious that the KEM hospital staff has developed an emotional bonding and attachment to Aruna Shanbaug, and in a sense they are her real family today.