SC rejects petition for mercy killing of Aruna Shanbaug

[1]

SC rejects petition for mercy killing of Aruna Shanbaug

Aruna Shanbaug will live, the Supreme Court ruled on Monday on the case of the nurse who has been lying in a 'persistent vegetative state' in Mumbai's KEM hospital for over 37 years.

A bench of justices Markandey Katju and Gyan Sudha Mishra dismissed the plea filed on behalf of KEM hospital nurse Aruna Ramachandra Shanbaug, saying that while active euthanasia (mercy killing) was illegal, yet 'passive euthanasia' can be permissible in exceptional circumstances.

The apex court said that as per the facts and circumstances of Aruna's case, medical evidence and other material suggest that the victim need not be subjected to euthanasia.

The bench clarified that until Parliament enacts a law, its judgement on active and passive euthanasia will be in force.

On the evening of November 27, 1973, Aruna was attacked by a sweeper in the hospital, who wrapped a dog chain around her neck and sodomised her. The attack left her with severe brain damage.

In the last hearing, the court was told that if there was unanimity among immediate relatives and doctors to put a comatose patient to permanent sleep, then there should be no difficulty.

The judges had expressed apprehension that mercy killing may be open to abuse as relatives and doctors, for financial gains, may put a patient to sleep even though he or she may not be terminally ill.

The judges referred to the British practice of judicial declaration before a terminally ill patient can be put to sleep.