ARUNA RAMCHANDRA SHANBAUG Vs UNION OF INDIA & ORS.
Bench: MARKANDEY KATJU,GYAN SUDHA MISRA, , ,
Case number: Writ Petition (crl.) 115 of 2009
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.