Aruna shanbaug case judgement pdf
On 9 March 2018, the Supreme Court of India, passed a historic judgement-law permitting Passive Euthanasia in the country. While rejecting Pinki Virani's plea for Aruna Shanbaug's euthanasia, the court laid out guidelines for passive euthanasia. The need to reform India’s 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. In this case, a nurse was sexually assaulted by a sweeper at the hospital and was nearly killed employing a dog chain that was wrapped around her neck. New Delhi: The Supreme Court today rejected an euthanasia plea on behalf of Aruna Shanbaug, who has been in a 'persistent vegetative state' in Mumbai's King Edward Memorial Hospital for over 37 years.
State of Punjab, the Apex Court held that the right to die is not included in the fundamental right of right to life under Article 21 of the Indian Constitution. The Supreme Court on Tuesday referred the issue of legalising euthanasia to a Constitution Bench, noting that its previous judgment in the Aruna Shanbaug case was delivered on a “wrong premise”. Our website is a pioneer in the legal field as we provide a huge database of judgement briefs to all our users. However in the present case, as no indication of Aruna Shanbaug’s views or wishes with respect to life-sustaining treatments for a permanent vegetative state, any decision regarding her treatment will have to be taken by a surrogate i.e. In 2010, one of Aruna’s close friends had filed a mercy petition in the Supreme Court, seeking permission to end her excruciating existence.
She died after battling with coma for past 42-years following a sexual assault by a hospital ward boy. Aruna Shanbaug’s case may have been treated differently had it occurred in 2013 after the new Criminal Law Amendment Act came into effect. Aruna Shanbaug Case (2011) The SC ruled that individuals had a right to die with dignity, allowing passive euthanasia with guidelines. However, there has been a lot of debate in the country whether right to life includes right to die or not. The recent judgment of the Supreme Court in the Aruna Shanbaug case recognizes the legality of withholding and withdrawal of life support, but unfortunately terms it passive euthanasia. Aruna Shanbaug’s life in a vegetative state for 42 years, and the Supreme Court’s rejection of a petition seeking an end to her life, made her the face of the debate on euthanasia in India. which needs to be taught and learned adequately by the students to be related to clinical case or clinical problem in medicine and future diagnostics so that they can practice confidently and skillfully in the community. Healthy vital organs are wasted while arguments rage over the medico-legal definition of brain death.
The heart wrenching story of Aruna Shanbaug.
In this video, we bring you an interview with the man, who served 14 years in jail for allegedly raping Aruna Shanbaug. In a recent case decided by the Supreme Court reported in (2011) 4 SCC 454 (Aruna Ramachandra Shanbaug v/s Union of India and others), the issue of Euthanasia has been exhaustively examined. He does not understand why such a controversy should be raised over his sister, who has been forgotten by her family. Aruna Shanbaug meets most of the criteria for being in a permanent vegetative state which has resulted for 37 years. In 2010, one of Aruna’s close friends filed a mercy petition for Aruna in the Supreme Court, seeking permission to end her excruciating existence. 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 years in a coma after being raped and strangled. Aruna Shanbaug, also the face of brutal sexual assault in workplace Hospitals, both public and private, are among the workplaces with higher incidences of sexual harassment. At the time of pronouncing the judgement in Aruna Case The Hon'ble Supreme Court Judges Justice Markandey Katju and Justice Gyan Sudha Misra commend the entire staff of KEM Hospital, Mumbai (including the retired staff) for their noble spirit and outstanding, exemplary and unprecedented dedication in taking care of Aruna for so many long years.
Euthanasia in any form is not permitted in India and it was only in the year 2011 that a petition was filed in the court that urged the cessation of her force feeding with a nasogastric tube and the request for her peaceful death. Even though the apex court laid down guidelines for euthanasia in extreme cases of terminally ill patients, it said no to plea on behalf of Aruna Shanbaug. Author : Vishnu Gopal T V, Student at Co-operative School of Law, Thodupuzha, Kerala. Court: Supreme Court Year of Judgement: 2011 Applicable Law: “The Indian Penal Code” and “The Constitution of India” Introduction. The case brought about India’s landmark judgement in 2011, in which the SC permitted passive Euthanasia but rejected the petition for mercy killing. Airedale case on the point that Euthanasia can be made lawful only by legislation.
On 9 May, a five-judge constitution bench of the Supreme Court gave its formal, full and final approval to passive euthanasia. The top court in 2011 had recognised passive euthanasia in Aruna Shanbaug case by which it had permitted withdrawal of life-sustaining treatment from patients not in a position to make an informed decision. It still needs to be passed by both Houses of the Parliament and to receive the President assent to become Act. However, for every step forward (like the new Act) many Indians and their legal counsels resort to victim blaming (like in the famous Tarun Tejpal case) and in the Nirbhaya case. The judgment does not address many issues, some of which need to be considered with seriousness. Photograph:( Others ) Follow Us Aruna Shanbaug a victim of sexual assault remained in a vegetative state for about 42 years.
the staff of the KEM hospital have looked after her for 37 years.
The main judgement that was passed in the particular writ petition was with respect to the living will authorisation and the part that does right to live with dignity include the right to die aspect, sort of complementing the Aruna Shaunbaug judgement, as these two elements were also the essentials of the above case. This 2011 judgement in the Aruna Shanbaug case is the first and the only instance that brought euthanasia some public attention. From the above examination by the team of doctors, it cannot be said that Aruna Shanbaug is dead. Aruna Shanbaug case activist welcomes Supreme Court verdict Law finally gets upheld by apex court as right to die with dignity is fundamental right.
Independent Thought case has taken a major step to protect the girl child by criminalising the sexual intercourse with a wife below 18 years. it is not the suspension as such of the right as is in the case of 'silence' or 'non- association' and 'no movement'. She has the world’s most dubious distinction of being the longest-known such case. I had to work very hard preparing that judgment, though I got excellent assistance from my then interns, Nithyaesh Natraj, and Vaibhav Rangarajan Venkatesh, who are up and coming lawyers in the Madras High Court today.
Minutes before the Supreme Court Bench led by Justice Markandey Katju was to pronounce its judgment on the Aruna Shanbaug case,the front portion of the room saw a sudden spurt of activity. In 2014, the new government was asked in the Parliament about passive euthanasia.
UPDATE: The Supreme Court in its judgement on Monday rejected the euthanasia plea of Aruna Shanbaug, who has been lying in a vegetative state for 37 years following a sexual assault on her. As a result of this verdict, India has now joined the club of countries where passive euthanasia is lawful, joining countries such as the Netherlands, Belgium and Luxembourg. So now, a total of seven Supreme Court judges have stood by the passive euthanasia judgement brought by Aruna Shanbaug case. Now arises the question if Right to life with dignity includes Right to die with dignity. As per the reports Chief Justice P Sathasivam said an earlier judgment of the court on voluntary passive euthanasia in Aruna Shanbaug' Case did lay down a certain procedure but it was not clear. Aruna's case resulted in a landmark judgement allowing for passive euthanasia and today , if a woman is raped and left in a semi-vegetative state, the rapist is tried as a murderer. In this well-researched narrative, Virani has pieced together many details of the victim s life, which paints a personal account of this woman s life. The Supreme Court responded to the plea for euthanasia filed by a journalist, by setting up a medical panel to examine her.
Contrary to popular belief, the recent judgment of the Supreme Court in the case of Common Cause (registered society) v Union of India & Anr 1 (Common Cause), is not the first time that the Supreme Court has grappled with the issue of Euthanasia or has declared in its favour albeit partly. A competent adult patient has the right to refuse to medical treatment by artificial life-sustaining measures, with the consent of the doctor. This would make it 39 years in this semi-comatose condition after she was sodomised and left for dead in November 1973. The court, in its landmark judgement, however allowed passive euthanasia in India. On the evening of November 27, 1973, a sweeper in the hospital wrapped a dog chain around her neck and yanked her back with it. The Supreme Court on Friday declared that its judgment in the case of Aruna Shanbaug is “flawed.”The Constitution Bench was.
Minutes before the Supreme Court Bench led by Justice Markandey Katju was to pronounce its judgment on the Aruna Shanbaug case, the front portion of the room saw a sudden spurt of activity. Aruna Shanbaug had been in a permanent vegetative state for more than two decades when the court passed the judgement. Supreme Court Delivers Historic Judgment on Aruna Shanbaug Case: en: dc.provenance: Citation prepared by the Library and Information Services group of the Kennedy Institute of Ethics, Georgetown University for the ETHXWeb database. It not only reflects the tragedy of the Indian woman, but also the emergence of jurisprudence which seeks to set it right. Firstpost spoke to National Award-winner Pinki Virani whose 2009 PIL as the "next friend" of nurse Aruna Shanbaug " who had been sexually assaulted and left in a vegetative state for over 40 years " resulted in the landmark passive euthanasia judgment of 2011. Due to the lack of oxygen that reached her brain, she fell into a coma which she was in for 48 years. Much of the serious public discourse on withdrawal of life support to the terminally ill was sharpened around the Aruna Shanbaug case. die aspect, sort of complementing the Aruna Shaunbaug judgement, as these two elements were also the essentials of the above case.