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. Judicial process and interpretation of statutes case analysis aruna ramchandra shanbaug vs. The supreme courts decision this week in aruna shanbaug v. This post is updated by richa singh of faculty of law, aligarh muslim university. This morning, aruna shanbaug, the comatose patient who was left in a vegetative state after a brutal sexual attack in 1973, died. Aruna shanbaug the woman who triggered the debate on. May 24, 2015 aruna shanbaug, after all, was not a woman to forget.
Everything you need to know about aruna shanbaug, whose. In this blog post, suprateek neogi from rajiv gandhi national university of law, punjab discusses the nirbhaya gang rape incident. Union of india raises important questions about the meaning of life, death and their relationship to law and to state power. Misadventures of the supreme court in aruna shanbaug v. Aruna shanbaug case supreme court of india essay 14514 words. Shyam on the morning of november 27, 1973, aruna shanbaug got up with a slight temperature. May 31, 2015 every time aruna shanbaugs case made news, the world looked for her rapist.
Case study on euthanasia plea mens rea crimes scribd. Therefore, the petitionersociety pleads for reading the aforesaid regulation only to prohibit the active euthanasia and the said regulation should not be interpreted in a. A model legal framework process of allowing natural death. Aruna shanbaugs case top 8 facts about sohanlal valmiki. In india, the status of euthanasia is no different. Realising the importance of this issue and considering the. 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. Download pdf international journal of recent scientific research.
For some time after he came out of jail, he lived right near the hospital she would spend 42 years in. Nov 27, 1973 aruna shanbaug, a nurse at king edward memorial hospital kem, parel, is sexually assaulted by ward boy sohanlal bhartha walmiki. To analyse the new dimension in indian history of euthanasia after aruna ramchandra shanbaug. Judgment of the supreme court of india on aruna shambag case. Jun 10, 2015 the incomplete case of aruna shanbaug peter ronald desouza june 10, 2015 01. 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.
The article looks at the life of aruna shanbaug and analyzes the supreme court judgement allowing 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. 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. The present study provides the case of some countries which have enacted.
A fair balance has to be struck and a holistic approach has to be taken. 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. Arunas story is brought before all of us by a journalist pinki virani. For over 20 years now though, its the yellow nameplate above that has marked sohan lal valmikis address in parda village in hapur. Euthanasia arguments in favour and against clearias. Case study textbooks essay age of old pain on haemophilia essay questions case study research weaknesses the nightingale and the rose analysis essay precis writing and comprehension books pdf, living rainforest essay competition. Life and death after aruna shanbaug indian journal of. This judgment was passed in wake of pinki viranis plea to the highest court in december 2009 under. From the above examination by the team of doctors, it cannot be said that aruna shanbaug is dead. A second study revealed that 34% of deaths in mumbai had terminal limitation of therapy.
Union of india popularly known as aruna shanbaug case. Her niece mangala naik, who was only three years younger, urged her to take rest. Here too, the focus is on feminist legal scholarship because it is in the field of law that literature was generated by indian legal feminists after the mathura case. Supreme court decision on aruna ramachandra shanbaug versus union of india pdf. At some point in your life, through friends, popular media or your school or college, you must have come across the term mercy killing. May, 2016 everything you need to know about aruna shanbaug, whose case led to indias euthanasia debate. There is no better example of the importance of universal health care. This case is being focused on because it reflects the ambiguous nature of the rape law and its implementation. They studied aruna shanbaug s medical history in detail and opined that she is not brain dead. 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 remained.
In aruna shanbaug, this court, after having referred to the aforesaid paras 24 and 25 of gian kaur, stated as follows. Aug 15, 2015 aruna ramachandra shanbaug breathed her last after 42 years of being in a persistent vegetative state. May 18, 2015 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. May 18, 2015 this morning, aruna shanbaug, the comatose patient who was left in a vegetative state after a brutal sexual attack in 1973, died. During the attack, shanbaug was strangled with a chain, and the deprivation of oxygen left her in a vegetative state. However, this medical consensus was not matched by clear legal sanction until a judgment of a division bench of the supreme court in aruna shanbaug v union of india6 aruna shanbaug in 2011. 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 born 30 january 1959 is an indian writer, journalist, humanrights activist and author who has won critical acclaim for her books once was bombay, aruna s story, bitter chocolate.
Aruna shanbaug meets most of the criteria for being in a permanent vegetative state which has resulted for 37 years. The legal and moral validity of euthanasia has been questioned in different situations. Original article journal of association of physicians of. Aruna ramachandra shanbaug finally breathed her last in may 2015, after being in a permanent vegetative state pvs for over 40 years. Critical appraisal of euthanasia indian perspective dharanishree k, ii bba llbhons, saveetha school of law, saveetha university, chennai. Read detailed report on aruna shanbaug the case that. 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. Nagrals earlier columns on the pandemic in india look back on the role that public hospitals. Aruna ramchandra shanbaug was a nurse in the king edwards memorial hospital in mumbai. However, her dementia has not progressed and has remained stable for many years. Comparative analysis of the united states and japan, 17 ucla pac.
Aruna shanbaug s case is renowned for its debate on euthanasia. A structured discussion of endoflife eol issues is a relatively new phenomenon in india. The incomplete case of aruna shanbaug peter ronald desouza june 10, 2015 01. Peter ronald desouza is professor at the centre for the study of developing societies. The top court in its verdict on march 7, 2014 in aruna shanbaug case had permitted passive euthanasia or passive mercy killing under certain circumstances, provided it was backed by the permission of the high court concerned. A case study of aruna shanbaug by swati sharma and sushma suri. Jul, 20 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.
Jul 19, 2017 the legal and moral validity of euthanasia has been questioned in different situations. Her case sparked a debate about indias euthanasia laws. Choose one supreme court case from approved list provided in class. This case has been taken up as the subject of this case study. In 1973, aruna shanbaug, a vivacious 24yearold nurse at mumbais kem hospital was savagely assaulted, sodomised and strangulated by a wardboy in the hospital. Everything you need to know about aruna shanbaug, whose case. Jun 07, 2015 aruna shanbaug s rape case find here top 8 facts that everyone should know about sohanlal valmiki and his life after that incident took place. Aruna shanbaug the case that has aroused pity in every heart. Punctuation and spelling will be part of the grade. 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. The facts of the aruna case involved a writ petition filed by a journalist claiming to be aruna s next friend under article 32 of the constitution of india which empowers individuals to directly approach the supreme court, in case of the violation of a fundamental right.
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. 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. 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. Deep analysis of euthanasia was made by judiciary in the aruna ramchandra shanbaug vs.
Everything you need to know about aruna shanbaug, whose case led to indias euthanasia debate. 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. Mar, 2011 the case revolves around aruna shanbaug, a 60 years old woman who was violently raped in 1973. A special subset of patients for end of life decisions is permanent vegetative states pvs who can live for decades on tube feeding and expert nursing care. 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. Aruna shanbaug the woman who triggered the euthanasia debate in india 3. Aruna ramchandra shanbaug 1 june 1948 18 may 2015, was an indian nurse who was at. It was the aruna ramachandra shanbaug case that got significant public attention and led the supreme court of india to initiate detailed deliberations on the long ignored issue of euthanasia. To know about the classification and reasons for euthanasia. In this all conflicting aspects of euthanasia has been discussed by apex court and their possible solutions provided through judgment. While those who cared for her at the hospital are grieving her death, others believe she has finally been relieved of the burden of her inactive and unresponsive body.
Union of india, 2011 4 scc 454 human and civil rights right to dieeuthanasia kinds of euthanasia active and passive euthanasia voluntary and non voluntary euthanasia legality and. Dec 01, 2017 a fair balance has to be struck and a holistic approach has to be taken. In may 2011, the supreme court rejected the mercy killing petition of aruna shanbaug. 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. Pinki virani of mumbai, claiming to be a next friend. View judicial process and interpretation of statutes. Aruna shanbaug, a nurse working at the kem hospital in mumbai was sexually assaulted by a worker in 1973. To determine the legal aspects of euthanasia in india.
Pursuant to the courts order of february 2014, the matter was taken up by the constitution bench on july 16, 2014. In march 2011, the supreme court of india passed a historic judgementlaw permitting passive euthanasia in the country. Child sexual abuse in india which won the national award, and deaf heaven. View essay euthanasia from law 101 at jindal global law school, sonipet.
Aruna shanbaug the case thathas aroused pity in every heart apoorva kinger. Aruna shanbaug case supreme court of india essay 14514. It is stated in the writ petition that the petitioner aruna ramachandra shanbaug was a staff nurse working in king edward memorial hospital. In 2011, a two judge bench of the supreme court discussed about passive euthanasia in the case of aruna shanbaug. 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. 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.
Life and death after aruna shanbaug indian journal of medical ethics. They studied aruna shanbaugs medical history in detail and opined that she is not brain dead. 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. Aruna ramachandra shanbaug, former nurse of the kem hospital in mumbai. She sustained severe injuries resulting in brain damage, because of which she has been in a permanent vegetative state for the past 37 years. 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. Judicial process and interpretation of statutes case analysis aruna ramchandra. A general afms protocol can be formulated for withdrawal of active treatment in special circumstances on lines of the aruna shanbaug case with an absolute. The supreme courts verdict on friday legalising passive euthanasia owes much to the aruna shanbaug case, around. Aruna shanbaug the case that has aroused pity in every heart 1. 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. Critical appraisal of euthanasia indian perspective. Aruna shanbaug real name not changed as it is a wellknown registered supreme court case, 19482015, hailing from karnataka, india was remarked to be a very smart, young, beautiful lady who was in the late 25s working as a nurse in king edward memorial hospital, mumbai, india she was assaulted in 1975 by a ward boy as she was changing her. Mohit bagla ballb section e english ii precis writing in the case of aruna shanbaug, a writ petition was filed by mrs.
They may also be considered for withdrawal of life support on request by relations or caregivers as in aruna shanbaug s case. 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. Reportable civil original jurisdiction common cause. Aruna s story is brought before all of us by a journalist pinki virani. In this article, she has updated and included a detailed case study of the nirbhaya rape case of 2012. Aruna shanbaug real name not changed as it is a wellknown registered supreme court case, 19482015, hailing from karnataka, india was remarked to be a very smart, young, beautiful lady who was in the late 25s working as a nurse in king edward memorial hospital, mumbai, india she was assaulted in 1975 by a ward boy as she was. On 7 march 2011, the supreme court, in a landmark judgement, issued a set of broad guidelines legalizing passive. Each bullet must be answered in a complete sentence. 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. The facts of the aruna case involved a writ petition filed by a journalist claiming to be arunas next friend under article 32 of the constitution of india which empowers individuals to directly approach the supreme court, in case of the violation of a fundamental right. 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. 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. 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. Peter ronald desouza is professor at the centre for the study.
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