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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Aruna Shanbaug case

The court also determined that the opinion was internally inconsistent because although it held that euthanasia can be allowed only by an act of the legislature, it then proceeded to judicially establish euthanasia guidelines. The question is not whether jugdement doctor should take a course which arruna kill his patient, or even take a course which has the effect of accelerating his death.

Many persons from other countries, especially Germany, go to Switzerland juegement undergo euthanasia. She does not need a heart–lung machine. The question, however, arises in cases where the patient is unable to decide whether the treatment should continue or not e. She has been our staff nurse and the unfortunate tragic incidence has happened with her in KEM Hospital and I must put on record that the entire medical, administrative, nursing and para-medical staff is extremely attached to her and consider her as one of us.

All that we wish to say is that however much her interest in Aruna Shanbaug may be it cannot match the involvement of the KEM hospital staff who have been taking care of Aruna day and night for 38 years.

I must sbanbaug stress, at this point, that the law draws a crucial distinction between cases in which a doctor decides not to provide, or to continue to provide, for his patient treatment or care which could or xhanbaug prolong his life, and those in which he decides, for example by administering a lethal drug, actively to bring his patient’s life to an end.

There are stringent qualifications as to who may act as a witness. Pinki Virani who filed this petition.

Motor function is grossly impaired with quadriparesis. The Court held that the State of New York could validly ban the latter.

However, her dementia has not progressed and has remained stable for many years. Montana was the third state after Oregon and Washington in U. The case helped shed light on an extremely complex issue of medical ethics and law. What is important to note in Cruzan’s case supra is that there was a statute of the State of Missouri, unlike in Airedale’s case where there was nonewhich required clear and convincing evidence that while the patient was competent she had desired that if she becomes incompetent and in a PVS her life support should be withdrawn.

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

On January 24,the apex court set up a medical committee, which examined Aruna and concluded that she met most of the criteria of being in a permanently vegetative state. However, we make it clear that it is experts like medical practitioners who can decide whether there is any reasonable possibility of a new medical discovery which could enable such a patient to revive in the near future.

Physical examination Qruna was conscious, unable to co-operate and appeared to be unaware of arjna surroundings. The ability to learn, understand and make judgments or have opinions that are based on reason Involuntary movements Automatic movements over which patient has no control Ischemic Related to restriction or cutting off of the blood flow to any part of the body Malnourishment Weak and in bad health because of having too little food or too little of the types of food necessary for good health Menace reflex Blinking in response to hand movements in front of eyes Mood The way one feels at a particular time Motor Related to movement Movement artefacts Disturbance in the image seen in the CT scan due to patient movement Oral feed Food given through mouth Orientation Awareness about the time, place and person Pallor Pale appearance of the skin.

There was no pallor, cyanosis, clubbing or icterus.

She was able to blink well and could see her doctors who examined her. Detailed report from KEM hospital attached.

The entire mind, including one’s personality, cognition, memory, capacity of receiving signals from the five senses and capacity of giving commands to the other parts of the body, etc. Indeed there are circumstances in which it is lawful to take another man’s life, for example by a lawful act of self-defence, or in the days when capital punishment was acceptable in our society by lawful execution.

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Cites 25 docs – [ View All ]. However, from the very language of the Articleand as explained by the above decisions, a petition can also be made to the High Court under Article of the Constitution praying for an order or direction, and not for any writ.

To this extent, the principle of the sanctity of human life must yield to the principle of self- determination see Court of Appeal Transcript in the present case, at p. Are the Meghalaya miners victims of India’s regional bias? These patients demonstrate some behavioral evidence of conscious awareness but remain unable to reproduce this behavior consistently. The Nuances — The bench, also comprising justices A K Sikri, A M Khanwilkar, D Y Chandrachud and Ashok Bhushan, laid down guidelines as to who would execute the will and how the nod for passive euthanasia would be granted by the medical board.

Euthanasia: The Aruna Shanbaug case which changed euthanasia laws in India | The Economic Times

A bare perusal of the above provisions shows that the High Court under Article of the Constitution is not only entitled to issue writs, but is also entitled to issue directions or orders.

Sections and IPC read as under:. She is featherweight, and her brittle bones could break if her hand or leg are awkwardly caught, even accidentally, under her lighter body. This includes many American precedents- such arunx Schmidt v.

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

Brain cells require regular supply of oxygen which comes through the red cells in the blood. It all depends on the degree of damage. The question is sometimes put in striking or emotional terms, which can be misleading. In the Aruna Ramchandra Shanbaug case, the validity of passive euthanasia was upheld by the Supreme Court, but there is no elaborative procedure for doing the same as the court was under the influence of the Gian Kaur case ofin which it was held that ehanbaug right to live with zhanbaug under Article 21 was inclusive of the right to die with dignity.

Medical aspects of the persistent vegetative state.