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. In the case of Gian Kaur v. On the other hand, with more and more emphasis being laid on the informed consent of the patients in the medical field, the concept of Euthanasia in India has received a mixed response. 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. Further, Washington and Montana also have similar legislations in place. How can anybody think of taking her life?
The court also said that Aruna is not brain dead, but at the same time there is little possibility of her coming out the PVS. It is also to be noted that the court accepted this petition under article 32 of the Indian Constitution. The need to change euthanasia laws was triggered by the famous Aruna Shanbaug case. Get instant notifications from Economic Times Allow Not now. He choked her with a dog chain and sodomized her. It also laid down guidelines prescribing the situation and procedure of administering passive euthanasia. 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.
Retrieved 11 September In many countries, physician assisted dying is legal while the physician administering it is illegal.
Archived from the original on 2 December However, the court further stipulated cas the KEM hospital staff, with the approval of the Bombay High Court, had the option of withdrawing life support if they changed their mind:. Before taking a decision, the bench should seek the opinion of a committee of three reputed doctors to be nominated by the bench. 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.
They concluded that Aruna has developed non-progressive but irreversible brain damage. EuthansiaValmiki was charged with attempted murder and for robbing Aruna’s earrings, but not for rape.
In the former, the physician or someone else administers it, while in the latter the patient himself does so, though on the advice of the doctor.
How Aruna Shanbaug changed the euthanasia debate in India
Pinky Virani has done. The fact that she did not develop a single bed-sore though she is on the bed for such a long time is a testimony to their service.
Archived from the original on 23 May The question that came to be considered in the present arjna was whether inherent in this sacred right is the right to die-whether a person can be allowed to control his death and decide to end his life. HaldipurKarnatakaIndia.
How Aruna Shanbaug changed the euthanasia debate in India | india news | Hindustan Times
In her petition, she said that Aruna euthwnasia 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 human element. He choked her with a dog chain and sodomized her.
After hearing them, the High Court bench should give its verdict.
Here is how the Counting of Votes takes place May 20, 1. Amar Ramaji Pazare, Professor and Head in KEM hospital, stated in his submission that Aruna accepts the food in normal course and responds by facial expressions.
So, terminating her life was unjustified.
euthanasua It is alleged that due to strangulation by the dog chain the supply of oxygen to the brain stopped and the brain got damaged. 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. To see your saved stories, click on link hightlighted in bold.
Archived from the original on 10 January Active Euthanasia is illegal in all states in U. Pinki Virani filed a writ petition in the Supreme Court with the prayer to stop feeding Aruna and let her die peacefully. Archived from the original on 21 May They also said that she meets most of the criteria for being in a permanent vegetative state PVS.
Ever since, her name has become synonymous with the debate over the controversial issue of Euthanasia Mercy Killing. Retrieved from ” https: She died the morning of 18 May Physician assisted suicide is a crime under section IPC abetment to suicide. Arna police did not take into account that she was sodomized.
The court also observed the difference between euthanasia and physician assisted dying, the difference being in who administers the lethal medication. He stated that there was a great danger in permitting euthanasia that the relatives of a person may conspire with doctors and get him killed to stuyd his property.
He tried to rape her but finding that she was menstruating, he sodomized her.