22 January 2013
dear members, ( answers with case law will help me out a lot ) Arjun, a native of Trivandrum, is a young automobile engineer, graduated from a leading Engineering College in the State of Kerala. Though he belonged to a poor Hindu traditional family, he was able to secure a scholarship for his studies. During the final semester, he got placement in Volkswagen India Ltd through campus selection. After a period of six months training, he joined as Junior Engineer in Volkswagen India Ltd, New Delhi in July 2007. In early 2010, a flat worth 50 lakhs at New Delhi, was bought by Arjun in mother's name, using his savings, disposing of all family properties at Trivandrum, and also by availing a loan from a nationalized bank. By the end of July 2010, he started living at New Delhi along with his family including his mother, a widow. And his maternal uncle, an old man who was taking care of his cancer affected and partially paralised mother. On 15-3-2011 Arjun married Gowthami, a member of middle class Brahmin family. At that time she was working as a ‘flight steward’ in a leading airline company. After a month of marriage, Arjun started quarrelling with Gowthami over Gowthami’s relationship with one Mr. Pranav, a Flight Engineer. Pranav used to visit Gowthami and the same was objected to by mother and uncle. Gowthami used to quarrel with mother and uncle over the matter. On 25-4-2011, Gowthami filed a complaint under Protection of Women from Domestic Violence Act, 2005 and secured a Residence Order against Arjun and his maternal uncle. The Order directed them to vacate the house and transfer possession to Gowthami and the same was disturbed over the developments and lost interest in work in the company, as he was not working efficiently, he was given a compulsory leave for six months. He this found it difficult to pull on as financial problems disturbed him.
In the meantime Arjun received notice from the financial institution for defaulting installments of the house loan. He approached the magistrate court for a modification of residence order for allowing him to pay debts to financial institution and also to spend money for care of his mother.
When the uncle was kept away from the mother, there was virtually nobody to take care of her. Her health deteriorated and was badly in need of medical and nursing care. Gowthami was not interested in these matters. The mother contacted a lawyer through Arjun for legal remedy. The lawyer advised her to approach District Collector for medical help as a primary step. Then she wrote a letter to Dist Collector to make available services of her brother. The collector informed that on account of the court order, he was not in a position to help her, the mother then filed a write petition through the lawyer against the collector alleging violation of right to medical care, while the petition was pending, mother became totally paralysed with nobody to take care of her.
The High Court appointed a medical professional to report on the health conditions of the petitioner immediately. To the medical professional, mother reveled that she intended to die on account of her illness. In the Report the Commission favoured euthanasia as she was suffering from unbearable pain
and no chance of recovery. The High Court brought the pending case from magistrate court to it and sent notices to parties. Meanwhile the lawyer amended the petition seeking euthanasia for the mother.
what is the constitutionality of relevant provisions of Protection of Women from Domestic Violence Act, euthanasia, right to medical care, right to property, and right to life.