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Aruna
Shanbaug to live, says Supreme Court
Monday March 07, 2011 12:30:32 PM,
IANS
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Related Articles |
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Supreme
Court to rule on mercy killing plea this week
The Supreme Court appears all set to
shed light Monday on the complexities involved in laying down a
law on mercy killing in the case of a nurse lying in a "persistent
vegetative state" in Mumbai's King Edward Memorial Hospital
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New Delhi:
The Supreme Court Monday rejected a petition for the mercy killing
of Aruna Shanbaug, who has been in a "persistent vegitative state"
for the past 37 years after being sodomised by a hospital sweeper
but permitted passive euthanasia subject to a declaration by a
high court to this effect.
An apex court bench of Justice Markandey Katju and Justice Gyan
Sudha Misra delivered the ruling while rejecting a petition moved
on Shanbaug's behalf by her friend and social activist Pinki
Virani.
Justice Katju said that active euthanasia is illegal as there is
no statutory provision to support it.
However, the court said: "Passive euthanasia is permissible under
certain conditions with the approval of the high court."
It further said the high court will grant its approval after
getting the opinion of three eminent doctors and hearing the
government and the close relatives of the terminally ill patient
sought to be put under passive euthanasia.
The court said though Virani is performing a laudable social
service, the staff, doctors and nurses of Mumbai's King Edward
Memorial Hospital, where Shanbaug is admitted have a greater right
over her and only they can decide whether to opt for passive
euthanasia or not.
"She (Virani) cannot claim to be as close and attached to Aruna
Shanbaug as King Edward Memorial Hospital staff and nurses," the
bench ruled.
Active euthanasia is a state where a patient is given a lethal
injection to bring him to sleep, while passive euthanasia involves
withdrawing the life support system from a patient.
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