The Judgment is a master piece to understand the various facets of this controversial issue and also to understand the medical terminology associated with such patients. In its judgement, the court declined to recognize Virani as the “next friend” of Aruna Shanbaug, and instead treated the KEM hospital staff as the “next friend. Archived from the original on 21 May 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. In November , she was assaulted by ward boy, Sohanlal Bhartha Valmiki, of the same hospital while changing her clothes in the hospital basement.
Archived from the original on 13 March A next friend is appointed to take essential decisions for a person if they are unable to do so themselves and in the absence of a legal guardian. This page was last edited on 13 May , at Thirty six years had lapsed since the said incident. 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. It is also to be noted that the court accepted this petition under article 32 of the Indian Constitution. Archived from the original on 28 June
Retrieved 11 March Lifting The Corporate Veil.
How Aruna Shanbaug changed the euthanasia debate in India | india news | Hindustan Times
They were hearing the case Aruna Ramchandra Shanbaug v. Thus, the Supreme Court allowed passive euthanasia in certain conditions, subject to the approval by the High Court following the due procedure. Laws relating to euthanasia in different jurisdictions were considered.
Indian Stuy canteen price list: The next day on 28th November, at 7.
The Judgment is a master piece to understand the various facets of this controversial issue and also to understand the medical terminology associated with such patients. Pinki Virani filed a writ petition in the Supreme Court with the prayer to stop feeding Aruna and let her die peacefully.
The court also observed the difference between euthanasia and physician assisted dying, the difference being in who administers the lethal medication. Sohanlal said he only learned of Shanbaug’s death after Mumbai based journalist Dnyanesh Chavan from Marathi daily Sakal came looking for him earlier that week.
Ina two judge bench of the Supreme Court discussed about passive euthanasia in the case of Aruna Shanbaug. The counsel for Ms. Archived from the original on 1 July In the case of P. However, Aruna Shanbaug was denied euthanasia as the court opined that the matter was not fit for the same. The police case was registered as a case of robbery and attempted murder because of the concealment of anal rape by the doctors.
On 7 Marchthe Supreme Court, in a landmark judgement, issued a set of broad guidelines legalizing passive euthanasia in India. Views Read Edit View history. Maruty Shripati Dubal[i] the contention was that Section of the Indian Penal Code was unconstitutional as it is violative euthajasia Article 19 and From the day of the assault till the day she died on May 18,Aruna could only survive on mashed food. The staff of KEM Hospital was taking sufficient care of her.
Aruna Shanbaug case
She is uncomfortable if a lot of people are in the room and she gets distraught. How a living will can be made and executed in India. Prior to that night, Sohanlal, then a hospital janitor, had had a difficult relationship with Shanbaug, his superior.
Pinky Virani who has only visited her on few occasions and written a book on her. This case clarified the issues revolving around euthanasia and also laid down guidelines with regard to massive euthanasia. On the evening of 27th November, she was attacked by euthanaska sweeper in the hospital who wrapped a dog chain around her neck and yanked her back with it.
Aruna Shanbaug – The Woman who triggered the Euthanasia Debate in India
She eventually died of a cardiac arrest brought sfudy by pneumonia. Rathinam held that Article 21 has also a positive content and is not merely negative in its reach. She was on ventilator support in KEM’s acute care unit.
Shanbaug became a symbol for many things—the rape survivor who lived on, the recipient of caregiving of the hospital nurses and doctors, the lightning rod around whom the issue of passive euthanasia was fought and won. Physician assisted suicide is a crime under section IPC abetment to suicide.
Twitchell Mordechai Dov Brody Lantz v. 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. To immobilize her during this act he twisted the chain around her neck.