REPORTABLE

IN THE SUPREME COURT OF INDIA

CIVIL APPELLATE JURISDICTION

Writ Petition (Crl.) No.115 OF 2009

Aruna Ramachandra Shanbaug                     Petitioner(s)

                VERSUS

Union of India & Ors.                             Respondent(s)

O R  D  E  R

Heard learned counsel for the petitioner.

Euthanasia is one of the most perplexing issues which the courts and  

legislatures all over the world are facing today.  This Court, in this case, is  

facing the same issue, and we feel like a ship in an unchartered sea, seeking  

some  guidance  by  the  light  thrown  by  the  legislations  and  judicial  

precedents of foreign countries.

The  case  before  us  is  a  writ  petition  under  Article  32  of  the  

Constitution,  and  has  been  filed  on  behalf  of  the  petitioner  Aruna  

Ramachandra  Shanbaug  by  one  Ms.  Pinki  Virani  of  Mumbai,  as  a  next  

friend.

It is stated in the writ petition that the petitioner Aruna Ramachandra  

Shanbaug was a staff Nurse working in King Edward  Memorial Hospital,  

Parel, Mumbai.  On the evening of 27th November, 1973 she was attacked by  

a sweeper in the hospital who wrapped a dog chain around her neck and  

yanked her  back with  it.   He tried  to  rape  her  but  finding that  she  was  

menstruating,  he  sodomized  her.   To  immobilize  her  during  this  act  he  

twisted the chain around her neck.  The next day on 28th November, 1973 at  

7.45 a.m. a cleaner found her lying on the floor with blood all over in an  

unconscious condition.  It  is alleged that due to strangulation by the dog  

chain the supply of oxygen to the brain stopped and the brain got damaged.  

It is alleged that the Neurologist in the Hospital found that she had planters’  

extensor, which means damage to the cortex or some other part of the brain.  

She  also  had  brain  stem  contusion  injury  with  associated  cervical  cord  

injury.   

It is alleged at page 11 of the petition that 36 years have expired since  

the incident and now Aruna Ramachandra Shanbaug is about 60 years of  

age.  She is featherweight, and her brittle bones could break if her hand or  

leg are awkwardly caught, even accidentally, under her lighter body.  She  

has stopped menstruating and her skin is now like papier mache’ stretched  

over a skeleton.  She is prone to bed sores.  Her wrists are twisted inwards.  

Her teeth had decayed causing her immense pain.  She can only be given  

mashed food, on which she survives.   

It  is  alleged  that  Aruna  Ramachandra  Shanbaug  is  in  a  persistent

vegetative State and virtually a dead person and has no state of awareness,  

and her brain is virtually dead.  She can neither see, nor hear anything nor  

can  she  express  herself  or  communicate,  in  any  manner  whatsoever.  

Mashed food is put in her mouth, she is not able to chew or taste any food.  

She is not even aware that food has been put in her mouth.  She is not able to  

swallow any liquid food, which shows that the food goes down on its own  

and not because of any effort on her part.  The process of digestion goes on  

in this way as the mashed food passes through her system.  However, Aruna  

is virtually a skeleton.  Her excreta and the urine is  discharged on the bed  

itself.  Once in a while she is cleaned up but in a short while again she goes  

back into the same sub-human condition.  Judged by any parameter, Aruna  

cannot be said to be a living person and it is only on account of mashed food  

which is put into her mouth there is a façade of life which is totally devoid  

of  any  human  element.   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 been the position for the  

last 36 years.

The prayer of the petitioner is that the respondents be directed to stop  

feeding Aruna, and let her die peacefully.

Although, notice had been issued by this Court on 16.12.2009 to all  

the respondents in this petition, the only counter affidavit which has been  

filed is that on behalf of the respondent no.3 and 4, the Mumbai Municipal

Corporation  and  the  Dean,  KEM  Hospital.  That  affidavit,  of  Dr.  Amar  

Ramaji Pazare, Professor and Head in the said hospital, states in paragraph 6  

that  Aruna  accepts  the  food  in  normal  course  and  responds  by  facial  

expressions.  She responds to commands intermittently by making sounds.  

She makes sounds when she has to pass stool and  urine which the nursing  

staff identifies and attends  to by leading her to the toilet.

Thus,  there  is  some  variance  between  the  allegations  in  the  writ  

petition and the counter affidavit of Dr. Pazare.

In the circumstances we are of the opinion that a team of three doctors  

should be appointed to examine Aruna Ramachandra Shanbaug thoroughly  

and give a report to us about her physical and mental condition.  For this  

purpose we are appointing a team of following three doctors :

1) Dr.  J.V.  Divatia,  Professor  and  Head,  Department  of  Anesthesia,  

Critical  Care and Pain at Tata Memorial  Hospital,  Mumbai,  whose  

mobile  number  is  09869077435  and  e-mail  address  is  

jdivatia@yahoo.com

2) Dr. Roop Gursahani, Consultant Neurologist at P.D. Hinduja Hospital,  

Mumbai, whose mobile number is 09821087597 and e-mail address is  

roop_gursahani@hotmail.com

3) Dr.  Nilesh  Shah,  Professor  and Head,  Department  of  Psychiatry  at  

Lokmanya Tilak Municipal Corporation Medical College and General  

Hospital, whose mobile number is 09821788658 and e-mail address is

drnilshah@hotmail.com.

The  above  team of  doctors  is  requested  to  examine  the  petitioner  

Aruna Ramachandra Shanbaug at the KEM Hospital thoroughly and submit  

us a detailed report about her physical and mental condition so as to enable  

us  to  get  the  correct  facts.   The team of  above mentioned  three  doctors  

should preferably submit to us a joint report.  They can take the help of any  

hospital or doctor in Mumbai or elsewhere for the purpose assigned to them  

by this order.  All hospitals/doctors in Mumbai and elsewhere are directed to  

give all assistance and cooperation to this team of doctors appointed by us,  

including  carrying  out  any  investigation  they  require.   In  particular  the  

authorities  and doctors  and staff  in  KEM Hospital  Mumbai  will  give  all  

assistance  and  cooperation  to  this  team  so  that  they  may  do  the  work  

assigned to them by this order, effectively.

The  Chief  Justice  of  the  Bombay High Court  is  also  requested  to  

kindly extend all help and cooperation to the above mentioned team in any  

manner they desire.  The State Government of Maharashtra will provide all  

facilities  to  this  team  of  doctors  in  any  manner  they  desire  including  

arrangements for their transport, any funds they require for performing their  

duties under this order, etc.

Issue notice to the learned Attorney General of  India who is

requested to assist us at the time of the final hearing of this case which is  

fixed for 22.02.2011, as the first case on the list.  Counter afidavits may be  

filed by that date by the respondents who have not as yet filed them. Mr.  

T.R. Andhyarujina, learned Sr. Advocate is requested to assist us as amicus  

curiae in this matter.  

The question of  locus standi of the next  friend of the petitioner to  

move this petition shall also be considered on the date fixed.

Let copies of this order as well as copies of the writ petition and the  

counter  affidavit  of  Dr.  Pazare  be  sent  forthwith  to  the  team of  doctors  

nominated by us.   Copies of the same shall  also be given to the learned  

Attorney  General  of  India  as  well  as  Mr.  T.R.  Andhyarujina,  Sr.  Adv.  

Copies of this order will also be sent to the doctors appointed by us today to  

their e-mail address mentioned above.  

..........................................J.  (MARKANDEY KATJU)

..........................................J.  (GYAN SUDHA MISRA)

NEW DELHI; JANUARY  24 ,  2011.