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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Here’s looking back at all the commotion surrounding statues this year. Andhyarujina differed from the view of the learned Attorney General in that while the latter opposed even passive euthanasia, Mr. This is because the question is not whether it is in the best interests of the patient that he iudgement die.

All the comments arruna be moderated by the newindianexpress. In fact we have many laws that penalize people for what they did not do.

From Wikipedia, the free encyclopedia. However, his brain-stem, which controls the reflective functions of the body, in particular the heart beat, breathing and digestion, continued to operate.

The Aruna Shanbaug case which changed euthanasia laws in India

Active Euthanasia is illegal in all states in U. Shekhar Naphade and Mr. In none of these countries is euthanasia or physician assisted death legal.

In circumstances such as these, it may be difficult to say that it is in his best interests that judgemenf treatment should be ended.

Pinki Virani as her next friend. As I have already indicated, the former may be lawful, either because the doctor is giving effect to his patient’s wishes by withholding the treatment or care, or even in certain circumstances in which on principles which I shall describe the patient is incapacitated from stating whether shanbauf not he gives his consent.

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Pinki Virani who filed this petition. The question is whether it is in the best interest of the patient shanbbaug his life should be prolonged by the continuance of the life support treatment.

Videos Statue politics in When interviewed, Sohanlal described his version of the assault, claiming it had been committed in a “fit of rage” and that he had no clear recollection of when it had taken place or what he may have done, though he denied raping judgemeht and said that it “must have been someone else”. Eduard Verhagen has documented several cases and, together with colleagues and prosecutors, has developed a protocol to be followed in those cases.

I am of the opinion that there is nevertheless no absolute obligation upon the doctor who has the patient in his care to prolong his life, regardless of the circumstances. Should a doctor be entitled to switch it off, or to pull the plug? But the court cannot give its consent on behalf of an adult patient who is incapable of himself deciding whether or not to consent to treatment.

The attack – The Aruna Shanbaug case which changed euthanasia laws in India | The Economic Times

The question now is whether her life support system which is done by feeding her should be withdrawn, and at whose instance? She could not move her hands or legs and could not talk or even move facial muscles for more than 40 years. The logical corollary of the doctrine of informed consent is that the patient generally possesses the right not to consent, that is to refuse treatment. If the doctors treating Aruna Shanbaug and the Dean of the KEM Hospital, together acting in the best interest of the patient, feel that life sustaining treatments should continue, their decision should be respected.

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Justice Kennedy speaking for the U. Refusal of treatment [] 3 W. This causes deformity and restriction zhanbaug movements. Many persons from other countries, especially Germany, go to Switzerland to undergo euthanasia. By Kanu Sarda and Abhijit Mulye. Simultaneously with appointing the committee of doctors, the High Court Bench shall also issue notice to the State and close relatives e. It follows as a corollary that the patient possesses the right not to consent i.

It is alleged that there is not the slightest possibility of any improvement in her condition and her body lies on the bed in the KEM Hospital, Mumbai like a dead animal, and this has shabnaug the position for the last 36 years. Michigan banned euthanasia and assisted suicide inafter Dr. Gallery Australia says ‘Happy ‘ as rest of the world awaits New Year.

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

Reports of Investigations IVa. The police did not take into account that she was sodomized. As already stated above active euthanasia is a crime all over the world except where permitted by legislation. The question hence arises as to when a person can be said to be dead?