LexARUNA RAMCHANDRA SHANBAUG versus UNION OF INDIA AND ORS .
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[2011] 2 S.C.R. 869 ARUNA RAMCHANDRA SHANBAUG v. UNION OF INDIA AND ORS . . (Writ Petition (Crl.) No.115 of 2009) JANUARY 24, 2011 [MARKANDEY KAT JU AND GYAN SUDHA MISRA, JJ.] Euthanasia/mercy killing: Plea for- Writ petition u/Article 32 of the Constitution on behalf of the petitioner by a next friend A B - A/legation in the writ petition was that the 60 years ·old C petitioner, who was being looked after by the KEM hospital staff, was if/ a persistent vegetative state for last 36 years due to brain injury - Prayer for mercy killing on the ground that there was not a slightest possibility of any improvement in her condition and, therefore, the respondents should be directed to stop D feeding the petitioner and allow her to die peacefully- Affidavit by the Head of the hospital to the effect that the petitioner has been able to take food in normal course and has been responding by facial expression - Variance between the a/legations in the writ petition and the affidavit of the Head of E the hospital - In the circumstances, a team of three very distinguished doctors of Mumbai appointed to examine the petitioner thoroughly and to submit a report about her physical and mental condition - The authorities, doctors and staff in the KEM hospital directed to give all assistance and cooperation F to this team - The Chief Justice of Bombay High Court also requested to extend all help and cooperation to the team - State Government also directed to provide all facilities to the team of doctors - Constitution of India, 1950 -Article 32. CRIMINAL APPELLATE JURISDICTION : Writ Petition . G (Crl.) No. 115 of 2009. Under Article 32 of the Constitution of India. 869 H 870 SUPREME COURT REPORTS [2011) 2 S.C.R. A Shekhar Nahphade, Shubhangi Tuli, Vimal Chandra S. Dave for the Petitioner. Atul Y. Chitale, Suchitra Atul Chitale, Snigdha Pandey, Nishtha Kumar, Sunaina Dutta, Chinmoy Khaldkar, Asha 8 Gopalan Nair for the Respondents. c The following Order of the Court was delivered ORDER Heard learned counsel for the parties. Euthanasia is one of the most perplexing issues which the courts and legislatures all over the world are facing today. This Court, in this case, is facing the same issue, and we feel like a ship in an unchartered sea, seeking some guidance by the light D thrown by the legislations and judicial precedents of foreign countries. 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, E as a next friend. It is stated in the writ petition that the petitioner Aruna Ramachandra Shanbaug was a staff Nurse working in King Edward Memorial Hospital, Parel, Mumbai. On the evening of 27th November, 1973 she was attacked by a sweeper in the F hospital who wrapped a dog chain around her neck and yanked her back with it. He tried to rape her but finding that she was menstruating, he sodomized her. To immobilize her during this act he twisted the chain around her neck. The next day on 28th November, 1973 at 7.45 a.m. a cleaner found her lying on the G floor with blood all over in an unconscious condition. It is alleged that due to strangulation by the dog chain the supply of oxygen to the brain stopped and the brain got damaged. It is alleged that the Neurologist in the Hospital found that she had planters' extensor, which means damage to the cortex or some other part H of the brain. She also had brain stem contusion injury with ARUNA RAMCHANDRA SHANBAUG v. UNION OF 871 INDIA AND ORS. associated cervical cord injury. A It is alleged at page 11 of the petition that 36 years have expired since the incident and now Aruna Ramachandra Shanbaug is about 60 years of age. She is featherweight, and her brittle bones could break if her hand or leg are awkwardly caught, even accidentally, under her lighter body. She has 8 stopped menstruating and her skin is now like papier mache' stretched over a skeleton. She is prone to bed sores. Her wrists are twisted inwards. Her teeth had decayed causing her immense pain. She can only be given mashed food, on which she survives. C It is alleged that Aruna Ramachandra Shanbaug is in a persistent vegetative State and virtually a dead person and has no state of awareness, and her brain is virtually dead. She can neither see, nor hear anything nor can she express herself or 0 communicate,
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