Case Note & Summary
The case involved a writ petition filed under Article 32 of the Constitution on behalf of Aruna Ramachandra Shanbaug, who had been in a persistent vegetative state for over 36 years following a brutal assault in 1973. The petitioner, represented by Ms. Pinki Virani, sought the court's permission to stop feeding Aruna, arguing that she was virtually a dead person with no awareness or ability to communicate. The court noted the stark contrast between the petitioner's claims and the counter affidavit filed by Dr. Amar Ramaji Pazare from KEM Hospital, which stated that Aruna exhibited some responses to commands. Given the conflicting accounts, the court ordered a thorough examination by a team of three doctors to assess Aruna's condition and report back. The court emphasized the need for cooperation from all relevant medical personnel and institutions to facilitate this examination. The final hearing was scheduled for February 22, 2011, with the Attorney General requested to assist in the proceedings. The court also indicated that the issue of the next friend's locus standi would be addressed at the next hearing.
Headnote
A) Constitutional Law - Right to Die - Euthanasia and Persistent Vegetative State - Article 32 of the Constitution - The court examined the petitioner's condition and the legal implications of allowing her to die peacefully. The court directed a team of doctors to assess her physical and mental state to inform its decision on the matter. Held that a thorough examination was necessary to ascertain the facts (Paras 1-2).
Issue of Consideration
Whether the petitioner, in a persistent vegetative state, can be allowed to die peacefully by stopping her feeding.
Final Decision
The court ordered a team of three doctors to examine Aruna Ramachandra Shanbaug and report on her physical and mental condition, emphasizing the need for cooperation from all medical staff involved. The final hearing was scheduled for February 22, 2011.
Law Points
- Euthanasia
- Article 32
- Persistent Vegetative State
- Medical Examination
- Locus Standi
