ARUNA SHANBAUG JUDGEMENT PDF

The Supreme Court on Friday declared that its judgment in the case of Aruna Shanbaug is “flawed.”The Constitution Bench was. The case before us is a writ petition under Article 32 of the Constitution, .. Finally, we have given our opinion in the case of Aruna Shanbaug. 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.

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In the United States this right is reinforced by a Constitutional right of privacy. In Airedale’s case supraLord Keith of Kinkel, noted that it was unlawful to administer treatment to an adult who is conscious and of sound mind, without his consent.

Pinky Virani has no locus standi in the matter and it is only the KEM hospital staff which could have filed such a writ petition. If the doctor acts on such consent there is no question of the patient committing suicide or of the doctor having aided or abetted him in doing so.

It may be clarified that foreign decisions have only persuasive value in our country, and are not binding authorities on our Courts. 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. The permanent vegetative state: The duty of the King in feudal times to act as parens patriae father of the country has been taken over in modern times by the State.

The need to change euthanasia laws was triggered by the famous Aruna Shanbaug case. With the new order in place, now, a person under medical treatment can decide when to give-up life support. But we need to be judicious while moderating your comments.

Aruna Shanbaug case played large role in SC’s landmark verdict on passive euthanasia

It is alleged at page 11 of the petition that 36 years have expired since the incident and now Shanbahg Ramachandra Shanbaug is about 60 years of age. Defence Defence National International Industry. From the above examination by the team of doctors, it cannot be said that Aruna Shanbaug is dead. The State Supreme Court was of the view that this did not amount to saying that medical treatment or nutrition or hydration should be withdrawn.

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Roop Gurshani and Dr. To take a simple example given by Thomas J.

To immobilize her during this act he twisted the chain around her neck. Aruna Shanbaug has been abandoned by her family and is being looked after for the last 37 years by the staff of KEM Hospital. Union of India And Others stated that medical assistance to Shanbaug could—with supervised medical intervention—be withdrawn. There were no skin signs suggestive of nutritional deficiency or dehydration. Switzerland has an unusual position on assisted suicide: We were informed that not only the learned counsel who argued the case before us, but also the assistants whose names have been mentioned in the judgment have done research on the subject for several weeks, and indeed this has made our task easier in deciding this case.

Aruna Shanbaug ruling flawed, says SC – The Hindu

Hence the petitioner has not shown violation of any of her fundamental rights. Airedale decided by the House of Lords has been followed in a number of cases in U. mudgement

We also 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.

She was edentulous no teeth. Miami Children’s Hospital Research Juxgement. The Indian Constitution recognises the right to life with dignity but not the right to die. In our opinion, while giving great weight to the wishes of the parents, spouse, or other close relatives or next friend of the incompetent patient and also giving due weight to the opinion of the attending doctors, we cannot leave it entirely to their discretion whether to discontinue the life support or not.

In no other State in U. The question is whether the doctor should or should not continue to provide his patient with medical treatment or care which, if continued, will prolong his patient’s life.

Aruna Shanbaug case laid foundation for Euthanasia verdict

She died the morning of 18 May The parens patriae father of the country jurisdiction was the jurisdiction of the Crown, which, as stated in Airedale, could be traced to the 13th Century. She was on ventilator support in KEM’s acute care unit.

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Similarly, we can transplant a kidney, a heart or a liver when the original one has failed. There are stringent qualifications as to who may act as a witness. Aruna Shanbaug is an appropriate case for Coma. However, in its landmark opinion, it allowed passive euthanasia in India. Common humanity requires otherwise, as do medical ethics and good medical practice accepted in this country and overseas.

Women’s Wall in Kerala: Would the doctor be able to avoid such pain or distress by use of sedatives etc.? As requested by us, the doctors team submitted a supplementary report before us which states:. It can also be taken by the doctors attending the patient. Train 18 Buzz Train 18 a super hit! How can anybody think of taking her life?

To extend this further, especially when a person is incapable of being able to give any consent, would amount to committing judicial murder. Licked sugar off lips No language comprehension or expression Yes, no comprehension No blink to visual threat Blinks, but more consistent on left than right Present sleep wake cycles Yes according to nurses Preserved autonomic and hypothalamic function Yes Preserved cranial nerve reflexes Yes Bowel and bladder incontinence Yes VIII.

Latest Don’t need RBI’s reserves to meet fiscal deficit: They are the children of Lesser God ehanbaug in fact, developing nation as we are, we should move in a positive manner of taking care of shajbaug unfortunate ones who have deficiencies, disabilities and deformities.

Although in the present case we are dealing with a case related to passive euthanasia, it would be of some interest to note the legislations in certain countries permitting active euthanasia. Aruna Shanbaug, 25, was a nurse in the King Edward Memorial Hospital in Mumbai when she was assaulted on November 27, by a sweeper.

This definition of whole brain death, however, is not without its critics.