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Ambika (NA)     06 March 2011

Would it be a landmark judgement?

Long years back I read her nerve jolting story , the title of book I do not remember. can someone remind me of the title of the book by Pinki Virani? 

 

It will be a landmark judgement.....

 

Euthanasia Killing Row: SC Set to Pronounce Verdict
 
 
The Supreme Court will pronounce its judgement on Monday on a plea for mercy killing of a Mumbai nurse Aruna Ramachandra Shanbaug who has been living a vegetative existence in the hospital for the last 37 years after being subjected to s*xual assault.

A bench of justices Markandey Katju and Gyan Sudha Mishra had on March 2 reserved the verdict after hearing submissions of Attorney General G E Vanhanvati, senior counsel T R Andhiarujina acting as an amicus curiae, petitioner's counsel Sekhar Naphade and senior advocate Pallabh Sisodia for King Edward Memorial Hospital.

The plea for Aruna's mercy killing had been made by author Pinki Virani who told the court that Aruna was in a vegetative state for 37 years and the only option to rid her of the distress was to take recourse to euthanasia(mercy killing).

Aruna, a nurse in the KEM hospital in Mumbai, was attacked by a sweeper who wrapped a dog chain around her neck and yanked the victim with it on November 27, 1973 after which he s*xually assaulted her.

He tried to rape the victim but finding that she was menstruating, indulged in anal s*x. To immobilise her during this act, he twisted the chain around her neck and fled the scene after the committing the heinous offence.

Virani said that due to strangulation by the chain the supply of oxygen to the brain stopped and the cortex damaged. She also had brain stem contusion injury associated with cervical cord injury.

According to the petitioner, for the past 37 years after the incident Aruna, who is now about 60 years old, has become "featherweight" and her bones are brittle.

Her wrists are twisted in wards, teeth decayed and she can only be given mashed food on which she survives, said Virani adding Aruna's brain is virtually dead and she is oblivious to the outside world.

She can neither see nor hear anything nor can she express herself or communicate in any manner, whatsoever, she said in her plea for mercy killing.

During the arguments, Vahanvati took the stand that there is no provision either under the statute or the constitution to permit euthanasia.

Andhiarujina and Sisodia too opposed the plea contending that the hospital staff, particularly the nurses and the doctors who have been taking "dedicated care" of Aruna for the past 37 years were keen on continuing to take care of her.

The apex court had earlier appointed a 3-member medical team to assist it in determining the issue of mercy killing, besides examining the physical condition of the brain dead nurse.

The team of Mumbai doctors J V Divatia, Roop Gurshani and Nilesh Shah had submitted their detailed report to the bench.


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 13 Replies

Ambika (NA)     06 March 2011

I forgot to mention the source of the above posting. it is pasted  from https://news.outlookindia.com/item.aspx?714042. The coming Monday is set for the SC verdict. 

I got particulars of the book, mentioned above. Following is a very short summary of the book. 

It is Aruna's story : The True Account of a Rape and its Aftermath

 

 

Book Summary of Aruna's Story - The True Account Of A Rape And Its Aftermath

A remarkable work of investigative reporting and non-fiction writing in the tradition of Truman Capote’s In Cold Blood.

 

Journalist Pinki Virani recreates the real-life tragedy of Aruna Shanbaug, who was attacked with a dog chain and brutally raped in the very hospital where she was a nurse, and abandoned by her family thereafter. 

 

Brain-dead for sight, speech and movement, yet hopelessly alive to pain, hunger and terror, she now lies, barely alive, in the hospital where she once treated patients back to health. Virani’s investigations also unearthed the crowning tragedy: while Aruna has been in coma for over twenty-five years, her rapist, a sweeper in the hospital, walked a free man after a mere seven years in prison for ‘robbery and attempt to murder’. 

 

Vivid and gut-wrenching, this is a book that will haunt the reader long after the final page has been turned.


Pasted from <https://www.flipkart.com/sem/book/p/pinki%20virani%20aruna%20story?gclid=CIf39ebluacCFUcb6wod4iStsw>


1 Like

(Guest)

The court will give the judgment on monday as from the newspaper sources said.

Today i have read in a newspaper.

As Ambikaji you said,"A sweeper in the hospital, walked a free man after a mere seven years"

It seems that Its a failure of indian judiciary as well as executives and legislative  as this is the rare case found in indian judiciary .But whatever the decision given by court we all wecomes.

Its a very sad case .

2 Like

Tajobsindia (Senior Partner )     06 March 2011

1. A very very rare to rare sad case indeed.

2. Wish the matter was referred to a Constitutional Bench.

However I have faith in Judiciary.

 

1 Like

(Guest)

 

Though KEM Hospital is few step ahead from my residence here in Mumbai, hundreds times I have gone there and when I enter in this hospital most of time I remember her but I could not collect myself couragious to even ask in which room she is and I have diverted my attention since while in that premises if I come to know that in which room she is I could not stop myself to go there and if I go there and she her I don't know what will be my reaction as I ever felt too much anger for that criminal and may I run to catch him and what will go happen???

 

Whenever I remember this case a film goes behind my eyes and I can feel the helplessness of Karuna at that time. Why someone was not there to save her?

 

The big question is the amount of punishment. 7 years imprisonment only where the criminal has gave a serious painful life to a innocent girl. Is his crime somewhere less than what Kasaab did? I think his crime is thousand times bad than what Kasaab did since Kasaab was a brainwashed criminal who committed murders of hundred people bu GUN but this criminal of Aruna had commited the crime for his joy for which he murdered all humanity and he has no rights to live a life in human society.

 

I am feeling helpless to write more. I am shocked for Karuna's condition and more for that criminal is living a free life. I am ashamed for our society and I am ashamed for I could not help her.

 

I don’t know the law provisions in this case but why the judges cannot take sue mote notice to re-open the case against that criminal at the same time while dealing the petition of Aruna and anounce a parallel death penalty to that criminal too????????????????????????????

2 Like

Stanley Ravi (Consultant Conservation)     06 March 2011

What does it take to re-open this case?

Can we get commited on this issue?

My telephone number is 98867 05452
 

1 Like

Arup (UNEMPLOYED)     07 March 2011

i support mercy killing, but their should be a provision that a order to be passed by supreme court or a similar organization in favour of the petition.

let us see what happen tomorrow.

1 Like

Ambika (NA)     07 March 2011

Any opinion on what does it take to re open the case as asked by Mr. Stanley Ravi . Is it at all possible to do it? ?? Can legal experts give their opinion on it ? She was a young woman when it happened and now she is 60 years old. 

It would be remembered with shame that a woman lived death every moment of her life since that fateful day when she was brutally raped and strangulated to "live" out the injustice done to her, but the perpetrator came out scot free after 7 years of imprisonment. I am not sure if he is still alive....

1 Like

(Guest)

A really very very rare to rarest case. Pray for her. 

1 Like

(Guest)

Update Info:

 

Aruna Shanbaug case: SC allows passive euthanasia in path-breaking judgment

 

Mar 7, 2011

 

NEW DELHI: In a path-breaking judgement, the Supreme Court today allowed "passive euthanasia" of withdrawing life support to patients in permanently vegetative state (PVS) but rejected outright active euthanasia of ending life through administration of lethal substances.

 

Refusing mercy killing of Aruna Shanbaug, lying in a vegetative state for 37 years in a Mumbai hospital, a two-judge bench of justices Markandeya Katju and Gyan Sudha Mishra, laid a set of tough guidelines under which passive euthanasia can be legalised through high court monitored mechanism.

 

The apex court while framing the guidelines for passive euthanasia asserted that it would now become the law of the land until Parliament enacts a suitable legislation to deal with the issue.

 

The bench also asked Parliament to delete Section 309 IPC (attempt to suicide) as it has become "anachronistic though it has become Constitutionally valid."

 

"A person attempts suicide in a depression, and hence he needs help, rather than punishment," Justice Katju writing the judgement said.

 

The apex court said though there is no statutory provision for withdrawing life support system from a person in permanently vegetative state, it was of the view that "passive euthanasia" could be permissible in certain cases for which it laid down guidelines and cast the responsibility on high courts to take decisions on pleas for mercy killings.

 

"We agree with senior counsel T R Andhyarujina (who assisted the court in the matter) that passive euthanasia should be permitted in our country in certain situations, and we disagree with Attorney General (G E Vahanvati) that it should never be permitted," said the bench.

A very sad and a rare case found in indian judiciary.

1 Like

N.K.Assumi (Advocate)     08 March 2011

Under what provisions or Power the Court will have the Power to take Life? Indeed I am very keen to See the Judgment of the Hon'ble supreme Court.

Ambika (NA)     09 March 2011

 

Aruna must live, but others can die: SC

Press Trust Of India 
Posted on Mar 08, 2011 at 07:00am IST
 
 
 
 

New Delhi: In a path-breaking judgement, the Supreme Court on Monday allowed "passive euthanasia" of withdrawing life support to patients in permanently vegetative state(PVS) but rejected outright active euthanasia of ending life through administration of lethal substances.

 

 

 

Refusing mercy killing of Aruna Shanbaug, lying in a vegetative state for 37 years in a Mumbai hospital, a two-judge bench of justices Markandeya Katju and Gyan Sudha Mishra, laid a set of tough guidelines under which passive euthanasia can be legalised through high court monitored mechanism.

 

 

 

The apex court while framing the guidelines for passive euthanasia asserted that it would now become the law of the land until Parliament enacts a suitable legislation to deal with the issue.

 

 

 

Aruna must live, but others can die: SC

 

 

The bench also asked Parliament to delete Section 309 IPC (attempt to suicide) as it has become "anachronistic though it has become Constitutionally valid."

 

 

 

"A person attempts suicide in a depression, and hence he needs help, rather than punishment," Justice Katju writing the judgement said.

 

 

 

The apex court said though there is no statutory provision for withdrawing life support system from a person in permanently vegetative state, it was of the view that "passive euthanasia" could be permissible in certain cases for which it laid down guidelines and cast the responsibility on high courts to take decisions on pleas for mercy killings.

 

 

 

"We agree with senior counsel TR Andhyarujina (who assisted the court in the matter) that passive euthanasia should be permitted in our country in certain situations, and we disagree with Attorney General (GE Vahanvati) that it should never be permitted," said the bench.

 

 

 

While dismissing writer Pinky Virani's plea for subjecting to mercy killing of the KEM Hospital nurse who was s*xually assaulted by a ward boy, the apex court cast the responsibility of taking a call on passive euthanasia on high courts, if the plea is made by close relatives or friends who have strongly opposed such a step.

 

 

 

The bench, in its 141-page ruling, said in the case of Aruna, the plea for her mercy killing could be permitted if the Mumbai King Edward Hospital makes it to the Bombay High Court on her behalf and the high court accepts it.

 

 

 

"A decision has to be taken to discontinue life support either by the parents or the spouse or other close relatives, or in the absence of any of them, such a decision can be taken even by a person or a body of persons acting as a next friend," it added.

 

 

 

"It can also be taken by the doctors attending the patient. However, the decision should be taken bona fide in the best interest of the patient," and should be approved by the high court, it said.

 

 

 

In the case of nurse Aruna "it is for the KEM hospital staff to take that decision," and not writer Pinky Virani, the bench said , adding that "the hospital staff have been amazingly caring for her day and night for so many long years, who really are her next friends, and not Ms Pinky Virani."

 

 

 

"Hence it is for the KEM hospital staff to take that decision. And the KEM hospital staff have clearly expressed their wish that Aruna Shanbaug should be allowed to live," the bench said, rejecting the plea for Aruna's mercy killing at present.

 
2 Like

RAJ KISHORE VAISH (TEACHER CITIZEN OF INDIA)     09 March 2011

A very sad and a rarest case of Indian Judiciary .

  Contempt Petition No. 203 of 1996 Disposed on 29-03-1996 by Supreme Court.

            " No body can be punnised in India ,Till the Judgment is live in india "

mueen (Er)     15 January 2012

Actually It is needed to relieve all such patients from pain by poisoning them or by using any other similar substances.It is Govt /parliment which should think on that and come with a time limit for such patients.otherwise it is not any wise act to keep a person in pain and think we r doing something human.It is human habit to die once rather to have pain of death every second.May Allah Kareem relieve all such patients and do what is best for them. 

  We have very corrupts governments.Wherein characterless people r ministers every 1 here is suffering.We r trapped between devil and deep sea. Congress and BJP where is way...?????


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