On 17 December , the Supreme Court, while admitting the plea to end the life made by activist-journalist Pinki Virani, sought a report on Shanbaug’s medical condition from the hospital in Mumbai and the government of Maharashtra. In view of the inconsistent opinions rendered in Aruna Shanbaug supra and also considering the important question of law involved which needs to be reflected in the light of social, legal, medical and constitutional perspective, it becomes extremely important to have a clear enunciation of law. This case overruled P. Euthanasia or mercy killing is of two types: The medical board, comprising three eminent doctors, reported that the patient was not brain dead and responded to some situations in her own way. If at any time in the future, the staff of KEM hospital or the management felt a need for the same, they could approach the High Court under the procedure prescribed. Retrieved 24 May
This was decided by beneficence. Here is an attempt to summarise that judgement. However, Aruna Shanbaug was denied euthanasia as the court opined that the matter was not fit for the same. This case dealt with euthanasia in detail by distinguishing between active and passive euthanasia. Thus, the doctors opined that that euthanasia in the instant matter is not necessary. The Indian law in no way advocated not giving food to a person.
The KEM hospital staff has clearly expressed their wish that Aruna should be allowed to live.
The attack cut off oxygen supply from her brain leaving her blind, deaf, paralysed and in a vegetative state for the next 42 years. Leave a Reply Cancel reply Your email address casf not be published.
Director, Missouri O of Health, S. Simultaneously with appointing the committee of doctors, the High Court Bench shall also issue notice to the State and close relatives e. If at any time in the future, the staff of KEM hospital or the management felt a need for the same, they could approach the High Court under the procedure prescribed.
In the case of State of Maharashtra v.
Retrieved from ” https: Also, in the case of Mckay v. Your email address will not be published. The Attorney General of India on the other hand arunz that the report of the Law Commission of India has not been accepted by the Government of India.
Retrieved 29 May The High Court Bench should issue notice to the State and close relatives e. However, in its landmark opinion, it allowed passive euthanasia in India. Retrieved 8 March Before taking a decision, the bench should seek the opinion of a committee of three reputed doctors to be nominated by the bench. A non-fiction og titled Aruna’s Story was written about the case by Pinki Virani in Never miss a great news story!
After examining Shanbaug, the panel concluded that she met “most of the criteria of being in a permanent vegetative state”. How a living will can be made and executed in India.
Euthanasia: The Aruna Shanbaug case which changed euthanasia laws in India | The Economic Times
The mere legalisation of euthanasia could lead to a wide spread misuse of the provision and thus, the court looked at various jurisprudences to evolve with the safeguards. They have been family to her for the last 40 years and treat her one among them.
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. Nonetheless, the Supreme Court taking cognizance of the gravity of the matter involved and the allied public interest in deciding about the legality of euthanasia accepted the petition.
Euthanasia or mercy killing is of two types: Thirty six years had lapsed since the said incident. Retrieved 25 October The court rejected the petition on 7 March In her petition, she said that Aruna cannot be said to be a living person and it is only on account of mashed food which is put into her mouth that there is a facade of life which is totally devoid of any euthahasia element. He was not euthsnasia of rape, sexual molestation, or unnatural sexual offense, the last of which could have required him to serve a seven-year sentence by itself.
The court also determined that the opinion was internally inconsistent because although it held that euthanasia can be allowed only by an act of the legislature, it then proceeded to judicially establish euthanasia guidelines. He further stated that tomorrow there may be a cure to a medical state caze as incurable today.
The Aruna Shanbaug case which changed euthanasia laws in India
Here is how the Counting of Votes takes place May 20, 1. The court also held that it is the KEM hospital staff, who have been amazingly caring for Aruna day and night for so many long years, who really are her next friends, and not Ms. Preferably, one of the three doctors should be a neurologist; cas should be a psychiatrist, and the third a physician. Public interest and the interests of the state were also considered.