A case study of aruna shanbaug by swati sharma and sushma suri conference paper pdf available march 2016 with 1,084 reads how we measure reads. In march 2011, the supreme court of india passed a historic judgement law permitting passive euthanasia in the country. Aruna shanbaug case supreme court of india 14522 words. Sc judgement brings back memories of aruna shanbaug. The court in its judgment also requested the constitution to abolish section 309 of the ipc attempt to suicide, giving the reason that the. Mar 09, 2018 sc judgement brings back memories of aruna shanbaug by somita pal and aishwarya iyer on march 9, 2018. Heartbreaking case of aruna shanbaug and the euthanasia. The supreme courts verdict on friday legalising passive euthanasia owes much to the aruna shanbaug case, around.
Mar 10, 2018 the case revolves around aruna shanbaug, a 60 years old woman who was violently raped in 1973. The decision was made as part of the verdict in a case involving aruna shanbaug, who had been in a persistent vegetative state pvs until her death in 2015. Hospital staffers had criticised the petitioner, pinki virani, an author and journalist, and alleged she was only interested in making money out of aruna s plight. Aruna ramchandra shanbaug 1 june 1948 18 may 2015, was 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 in 1973, while working as a junior nurse at king edward memorial hospital, parel, mumbai, shanbaug was sexually assaulted by a ward boy, sohanlal bhartha walmiki, and. For over 20 years now though, its the yellow nameplate above that has marked sohan lal valmikis address in parda village in hapur. For some time after he came out of jail, he lived right near the hospital she would spend 42 years in. How the life and death of aruna shanbaug changed the debate over mercy killing in india supreme court finally allowing passive euthanasia is momentous for many reasons. In 1973, aruna shanbaug, a vivacious 24yearold nurse at mumbais kem hospital was savagely assaulted, sodomised and strangulated by a wardboy in the hospital. In march 2011, the supreme court of india passed a historic judgement law permitting passive euthanasia in.
However, her dementia has not progressed and has remained stable for many years. May, 2016 everything you need to know about aruna shanbaug, whose case led to indias euthanasia debate. Oct 06, 2015 before the case of aruna shanbaug, the issue had been deliberated by the supreme court in 1996, rejecting a persons right to end hisher life. Life and death after aruna shanbaug indian journal of medical ethics. Legalizing assisted suicide in india through a concrete. On the evening of november 27, 1973, aruna ramchandra shanbaug, aged 24 years. Reliance was placed on the landmark judgement of airedale nhs trust v. In a landmark judgement, the supreme court, on friday march 9gave its recognition to passive euthanasia or more popularly referred as mercy killing. However in the present case, as no indication of aruna shanbaugs views or wishes with respect to lifesustaining treatments for a permanent vegetative state, any decision regarding her treatment will have to be taken by a surrogate i. The supreme courts decision this week in aruna shanbaug v. On march 7, 2011, the supreme court of india sci delivered a progressive judgement 1 with farreaching implications for endoflife care and medical.
They studied aruna shanbaugs medical history in detail and opined that she is not brain dead. The cc judgment has also extensively deliber ated on the misreading of the gian kaur judgment 7 by the twojudge bench in the shanbaug case 6. The case is famous and has lasting effects in india. Jun 10, 2015 the incomplete case of aruna shanbaug peter ronald desouza june 10, 2015 01. Aruna shanbaug, a mumbai nurse who was raped in 1973 by a ward boy at the hospital she worked in, has died after being in a coma for 42 years.
He added that the government had already accepted the apex courts ruling in the landmark aruna shanbaug case on 11. Markandey katju, gyan sudha misra reportable in the. Her niece mangala naik, who was only three years younger, urged her to take rest. The supreme court will today decide on the fate of the nurse who has been lying in a vegetative state for the last 37 years at a government. Before this judgement, there was a woman who suffered for 42 years without any respite in sight.
The top court in 2011 had recognised passive euthanasia in aruna shanbaug case by which it had permitted withdrawal of lifesustaining treatment from patients not in a position to. It not only reflects the tragedy of the indian woman, but also the emergence of. The need to reform indias laws on euthanasia was triggered by the tragic case of aruna shanbaug who lay in a vegetative state blind, paralysed and deaf for 42 years. Unfortunately, what remains is the practical reality of a long. Mar 16, 2020 aruna shanbaug judgement pdf the supreme court on friday declared that its judgment in the case of aruna shanbaug is flawed. Recently the supreme court of india gave an affirmative nod to passive euthanasia. The verdict respected the human dignity and reaffirmed the common law right of patients autonomy over his body, hence. Aruna shanbaug case played large role in scs landmark verdict on passive euthanasia. She was the subject of a landmark court case about euthanasia that went all the way to the supreme court.
Aruna shanbaug, and 4 other prominent cases in india where mercy killing was sought. Another case filed in 2005 is pending before a constitution bench of the court. Misadventures of the supreme court in aruna shanbaug. What happened to valmiki the aruna shanbaug case which. The top court in 2011 had recognised passive euthanasia in aruna shanbaug case by which it had permitted withdrawal of lifesustaining treatment from patients not. Aruna ramchandra shanbaug 1 june 1948 18 may 2015 was an indian nurse who was at the center of attention in a court case on euthanasia after spending 42. Euthanasia arguments in favour and against clearias. Misadventures of the supreme court in aruna shanbaug v. Delivering the judgement, justice chandrachud said, life and death are inseparable. Sc, on a separate plea on behalf of aruna shanbaug, allows passive euthanasia for the nurse lying in vegetative state at a hospital in mumbai. Will be displayed will not be displayed will be displayed. Pollock supreme court case have you ever wondered if there is such a thing as to serious a judgment on a criminal case. Supreme court of india had termed the judgment in the aruna.
We have carefully considered paras 24 and 25 in gian kaur case and we are of the opinion that all that has been said therein is that the view in rathinam case p. Mar, 2011 the case revolves around aruna shanbaug, a 60 years old woman who was violently raped in 1973. Shyam on the morning of november 27, 1973, aruna shanbaug got up with a slight temperature. A fair balance has to be struck and a holistic approach has to be taken. Pdf introduction on friday, march 9, 2018 the fivejudge constitution. In view of the large proportion of vulnerable population in india, one of the biggest objections against assisted.
Unfortunately the judgment in the case not only fails to grapple adequately with these issues, but also betrays faulty legal reasoning and an utter disregard for the law and the legal process. Aruna shanbaug, a 61 year old woman has been in a vegetative state for the past 38 years, now the sc rejects her plea of mercy killing stating that man cannot take anything away which it cannot give. While there is no legal difficulty in the case of the former, the latter poses. In aruna shanbaug, this court, after having referred to the aforesaid paras 24 and 25 of gian kaur, stated as follows. On 7 march 2011, the indian supreme court delivered a pathbreaking judgment in the case of aruna ramchandra shanbaug v union of india 6 hereinafter aruna, permitting passive euthanasia in certain circumstances. By shivani singh aruna shanbaug, a 61 year old woman has been in a vegetative state for the past 38 years, now the sc rejects her plea of mercy killing stating that man cannot take anything away which it cannot give. Jan 07, 2015 since, there were disparities in the petitions filed by the petitioner and respondents, the court decided to appoint a team of three eminent doctors to investigate and report on the exact physical and mental conditions of aruna shanbaug. Aruna shanbaug judgement pdf united pdf comunication. Supreme court decision on aruna ramachandra shanbaug versus union of india pdf.
May 19, 2015 on november 27, 1973, aruna shanbaug who worked as a junior nurse at the kings edward memorial hospital in mumbai, was brutally assaulted and raped by a wardboy. Sep, 2019 aruna shanbaug judgement pdf the supreme court on friday declared that its judgment in the case of aruna shanbaug is flawed. In 2011, a two judge bench of the supreme court discussed about passive euthanasia in the case of aruna shanbaug. The allahabad high court on friday directed the investigative officer of cbi to arrest kuldeep singh sengar, bjp mla, who is accused in the unnao rape case. That is what has been done by the law commission of india in its 196th report and the supreme court of india in the very recent 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. May 18, 2015 aruna ramchandra shanbaug 1 june 1948 18 may 2015, was 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. Aruna shanbaug, a vivacious 24yearold nurse at mumbais kem hospital was savagely assaulted, sodomised and strangulated by. The judgment gave legal recognition to passive euthanasia in india and robust interpretation of right to life. The apex court in aruna shahbang case undertook request under article 32 of constitution filed by pinki virani a social activist on behalf of aruna shanbaug, a patient in persistent vegetative state since 37 years in. Aruna shanbaug the woman who triggered the debate on.
Why ward boy wasnt charged with rape aruna shanbaug, once a nurse at kem hospital and then a patient for 42 years, lost her agonizing battle with life on monday. On 9 march 2018, the supreme court of india, passed a historic judgement law permitting passive euthanasia in the country. The aruna shanbaug case which changed euthanasia laws in india. However in the present case, as no indication of aruna shanbaug s views or wishes with respect to lifesustaining treatments for a permanent vegetative state, any decision regarding her treatment will have to be taken by a surrogate i. High court would, however be free to constitute an independent. Life and death after aruna shanbaug indian journal of. Aruna shanbaug was a nurse at the king edward memorial hospital,parel,mumbai and was sexually assaulted by a ward boy, named sohanlal bartha walmiki, of the same hospital, back in 1973. The need to change euthanasia laws was triggered by the famous aruna shanbaug case. The court in its judgment also requested the constitution to abolish section 309 of the ipc attempt to suicide, giving the reason that the person needs treatment and not. Sc judgement brings back memories of aruna shanbaug by somita pal and aishwarya iyer on march 9, 2018. From the above examination by the team of doctors, it cannot be said that aruna shanbaug is dead. Rejecting the request for mercy killing, justice markandey katju wrote in his may 2011 judgement it would be incorrect to say that smt aruna shanbaug is an appropriate case for coma. The supreme court of indias judgment allowing for passive euthanasia, or the right of citizens to. In may 2011, the supreme court rejected the mercy killing petition of aruna shanbaug.
Aruna shanbaug meets most of the criteria for being in a permanent vegetative state which has resulted for 37 years. She sustained severe injuries resulting in brain damage, because of which she has been in a permanent vegetative state for the past 37 years. On 7 march 2011, the supreme court, in a landmark judgement, issued a set of. Critical appraisal of euthanasia indian perspective. Aruna shanbaug case supreme court of india essay 14514. Supreme court allows passive euthanasia in landmark judgment 4 min read. Supreme court allows passive euthanasia in landmark judgment. So now, a total of seven supreme court judges have stood by the passive euthanasia judgement brought by aruna shanbaug case. Critical appraisal of euthanasia indian perspective dharanishree k, ii bba llbhons, saveetha school of law, saveetha university, chennai. The story of aruna shanbaug is by now likely to be familiar to all readers of ijme, after its walltowall coverage in the news countrywide in the second week of march 2011. The decision was made as part of the verdict in a case involving aruna shanbaug, who had been in a persistent vegetative state pvs for 42 years until her death in 2015. No need to mention rape, robbery, assault, and attempted murder in the title. Pdf euthanasia has always been a conflict between life and death, for some it.
This decision was made as a part of the verdict in a case involving mumbais aruna shanbaug. Aruna ramchandra shanbaug 1 june 1948 18 may 2015, was an indian nurse who was at. The headline says it all cops to trace aruna shanbaug s assailant if he is still alive. While medical fraternity is applauding the supreme courts judgement on passive euthanasia, it is difficult not to remember mumbais kem hospital nurse aruna shanbaug because of whom the euthanasia has been a widely debated term. Aruna ramchandra shanbaug 1 june 1948 18 may 2015, was an indian nurse who was at the centre of attention in a court case on euthanasia after spending 42. This judgment has thrust the issue firmly back in the medias spotlight, 7 and galvanised votaries and adversaries alike. How the life and death of aruna shanbaug changed the debate.
The top court in 2011 had recognised passive euthanasia in aruna shanbaug case by which it had permitted withdrawal of lifesustaining treatment from patients not in a. Union of india raises important questions about the meaning of life, death and their relationship to law and to state power. Pinky virani has authored a moving book on aruna shanbaug titled aruna s story. Aruna ramachandra shanbaug finally breathed her last in may 2015, after being in a permanent vegetative state pvs for over 40 years. State of rajasthan air 1997 sc 3011 and aruna ramachandra shanbaug v. Aruna ramchandra shanbaug 1 june 1948 18 may 2015, was 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. Everything you need to know about aruna shanbaug, whose case. Judgment in the case of aruna ramchandra shanbaug v. Aruna shanbaug judgement pdf the supreme court on friday declared that its judgment in the case of aruna shanbaug is flawed. Markandey katju, gyan sudha misra reportable in the supreme court of india criminal original jurisdiction writ petition criminal no. Mar 07, 2011 refusing mercy killing of aruna shanbaug, lying in a vegetative state for 37 years in a mumbai hospital, a twojudge bench of justices markandeya katju and gyan sudha mishra, laid a set of tough. Aruna shanbaug, a mumbai nurse who was raped in 1973 by a staff member at the hospital she worked in, has died after being in a coma for 42 years. May 24, 2015 aruna shanbaug, after all, was not a woman to forget.
A threejudge bench led by then cji p sathasivam starts final hearing in the case. It not only reflects the tragedy of the indian woman, but also the emergence of jurisprudence which seeks to set it right. May 31, 2015 every time aruna shanbaugs case made news, the world looked for her rapist. If passive euthanasia was the gift of the first half of the courts judgment, on the tragic aruna shanbaug case, preventing unjust punishment. The judgment of the court was delivered by markandey katju, j. And she gave india a passive euthanasia law before doing so, journalist and author pinki virani, who wrote aruna s story, a book on the nurses plight, told the bbc. It is stated in the writ petition that the petitioner aruna ramachandra shanbaug was a staff nurse working in king edward memorial hospital. The case before us is a writ petition under article 32 of the constitution, and has been filed on behalf of the petitioner, aruna ramachandra shanbaug by one ms pinki virani of mumbai, as a next friend. Aruna shanbaug was almost exactly one year younger than me. You have read 1 out of 10 free articles for the month. However, in the instant case, aruna could breathe by herself and did not need any external assistance to breath and thus, distinguished from the mckay case. For 42 years aruna shanbaug lay comatose in a mumbai hospital.
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