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.

Author: Tygogis Mazshura
Country: Mongolia
Language: English (Spanish)
Genre: Art
Published (Last): 7 October 2018
Pages: 430
PDF File Size: 6.20 Mb
ePub File Size: 3.16 Mb
ISBN: 595-8-52135-400-9
Downloads: 11807
Price: Free* [*Free Regsitration Required]
Uploader: Kanris

However, assuming that the KEM hospital staff at some future time changes its mind, in our opinion in such a situation the KEM hospital would have to apply to the Bombay High Court for approval of the decision to withdraw life support. Every mercy killing case will have to be filed at a special commission to decide if the doctors in charge are following the regulations.

Aruna Shanbaug case laid foundation for verdict- The New Indian Express

The duty of the King in feudal times to act as parens patriae father of the country has been taken over in modern times by the State. Society of New York Hospital, N. Videos Statue politics in The state of Missouri was bearing the cost of her care. Occasionally, when there are many people judgmeent the room she makes vocal sounds indicating distress. In order to take care of her calorie make need, nurses cadre resorted to naso-gastric tube feed and now she is used to NG feeding.

If none of these conditions obtained, it was best to err in favour of preserving life. On this basis, it has been held that a patient of sound mind may, if properly jusgement, require that life support should be discontinued: Inwhile working as a junior nurse at King Edward Memorial HospitalParelMumbaiShanbaug was sexually assaulted by a ward boy, Sohanlal Bhartha Walmiki, and remained in a vegetative state following the assault.

The legality of passive euthanasia in India was short-lived. Watch phenomenal video of the engine-less train scorching Indian Railways tracks.

The question is whether it is in the best interest of the patient that his life should be prolonged by the continuance of the life support treatment. In pursuance of our order dated 24th January,the team of three doctors above mentioned examined Aruna Shanbuag in KEM Hospital and has submitted us the following report:.

Such a decision may properly be made as part of the care of the living patient, in his best interests; and, on this basis, the treatment will be lawful. I wish to add that, in cases of this kind, there is no question of the patient having committed suicide, nor therefore of the doctor having aided or abetted him in doing so.


But discontinuation of life support is, for present purposes, no different from not initiating life support in the first place. However, from the very language of the Articleand as explained by the above decisions, a petition can also be made to the High Court under Article of the Constitution praying for an order or direction, and not for any writ.

The question of the length of time that may determine such death is significant, especially considering a significant increase in organ donations across jurisdictions over the last few years. Yeolekar and now myself Dr.

Aruna Shanbaug case laid foundation for Euthanasia verdict

By Kanu Sarda and Abhijit Mulye. With shanbauug killing, the law needs to consider ethics, which has left the medical fraternity divided. She could not move her hands or legs, could not talk or perform the basic functions of a human being. Reports of Investigations IVa. When roused she made non-specific unintelligible sounds “uhhh, ahhh” loudly and continuously but was generally silent when undisturbed.

The logical corollary of the doctrine of informed consent is that the patient generally possesses the right not to consent, that is to refuse treatment.

Union of India3 SCC Some examples of qualifying purposeful behavior include:. Duttakumar Desai wrote the Marathi play Katha Arunachi in —95, which was performed at college level and subsequently staged by Vinay Apte in No cognitive or communication abilities could be discerned. He has particularly emphasized paragraph 25 of the said judgment in support of his submission that Aruna Shanbaug should be allowed to die. However, legally, active euthanasia e. We do not mean to decry or disparage what Ms.

I must however stress, at this point, that the law draws a crucial distinction between cases in which a doctor decides not to provide, or to continue to provide, for his patient treatment or care which could or might prolong his life, and those in which he decides, for example by administering a lethal drug, actively to bring his patient’s life to an end.

She was sexually assaulted by a ward boy, Sohanlal Bhartha Judggement, when she was changing her clothes in the basement of the hospital on November 27, This is commonly known as jaundice, and may be caused by liver disease Illusions Misperception of stimuli seeing a rope as a snake Immediate memory Memory of events which have occurred just a few minutes ago Insight Person’s understanding of his or her own illness Intellectual capacity Ability to solve problems.


Last of Ghatak-Ray trio, pioneer of new wave cinema.

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

Thus all the Judges of the House of Lords in the Airedale case supra were agreed that Anthony Bland should be allowed to die. They zruna produce a purposeful, co- ordinated, voluntary response in a sustained manner, although they may have primitive reflexive responses to light, sound, touch or pain. The Supreme Court accepted the petition and constituted a medical board to report back on Aruna’s health and medical condition. 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 Finally, we have given our opinion in the case of Aruna Shanbaug.

In the United States this right is reinforced by a Constitutional right of privacy.

Follow the instructions after that. The correct formulation of the question is of particular importance in a case such as xhanbaug present, where the patient is totally unconscious and where there is no hope whatsoever of any amelioration of his condition. Aruna’s case, this period has been as long as 37 years, arunq her perhaps the longest survivor in this situation. They cannot be awakened even by application of a painful stimulus. We request the doctors whom we had appointed viz.

They cannot voluntarily control shanbaaug of urine or stools. They feed Aruna, wash her, bathe her, cut her nails, and generally take care of her, and they have been doing this not on a few occasions but day and night, year after year. She has stopped menstruating and her skin is now like papier mache’ stretched over a skeleton. They give the example of the old joke about the child who says to his teacher, “Do you think it’s aruan to punish someone for something that he didn’t do?

He cannot speak or communicate in any way. She was making some sounds, blinking, eating food put in her mouth, and even licking with her tongue morsels on her mouth.

Author: admin