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.

Author: Tazragore Dokasa
Country: Libya
Language: English (Spanish)
Genre: Art
Published (Last): 6 December 2006
Pages: 475
PDF File Size: 10.99 Mb
ePub File Size: 1.60 Mb
ISBN: 526-3-52081-928-7
Downloads: 4160
Price: Free* [*Free Regsitration Required]
Uploader: Tazragore

For instance, it does not compel the medical practitioner on pain of criminal sanction to treat a patient, who will die, if he does aurna, according to the express wish of the patient.

Contractures Muscles or tendons that have become shortened and taut over a period of time. Aruna Ramachandra Shanbaug shanbaub obtained from the Dean, the Principal of the School of Nursing and the medical and nursing staff of ward-4 who has been looking after her. Supreme Court again recognized the distinction between refusing life saving medical treatment and giving lethal medication.

The first attempt to define death in this manner came about inas a result of a Harvard Committee constituted for the purpose.

It was held by Lord Keith that a medical practitioner is under no duty to continue to arnua such a patient where a large body of informed and responsible medical opinion is to the effect that no benefit at all would be conferred by continuance of the treatment.

That is what happened in the case of Anthony Bland when he was first dealt with by the emergency services and later taken to hospital. She also had brain stem contusion injury with associated cervical cord injury. Facial movements were symmetric. However, I must say that her shouts and shrieks are completely oblivious to anybody’s presence in her room. But in the end the reason judgsment that difference is that, whereas the law considers that discontinuance of life support may be consistent with the doctor’s duty to care for his patient, it does not, for reasons of policy, consider that it forms any part of his duty to give his patient a lethal injection to put him out of his agony.

Abstain from posting comments that are obscene, defamatory or inflammatory, and do not indulge in personal attacks. Society of New York Hospital N. Prior to that night, Sohanlal, then a hospital janitor, had had a difficult relationship with Shanbaug, his superior. She licked though not very completely sugar smeared on her lips, suggesting some tongue control.

  FOSTEX F120A PDF

The police case was registered as a case of robbery and attempted murder because of the concealment of anal rape by the doctors under the instructions of the Dean of KEM, Dr. This is probably because brain cells are too highly specialized to multiply.

Valmiki walked out of jail in and still claims he did not rape Shanbaug. Responsive Non-specific undirected without any goal directed activities. A journalist activist Pinki Virani had filed a plea in seeking that Aruna Shanbaug, who lived in a vegetative state for decades after a brutal rape, be shanbakg the dignity to die through passive euthanasia.

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

Even from the report of Committee of Doctors which we have quoted above it appears that she has some brain activity, though very little. This is often due to longstanding infection inside the lungs. Sunaina Dutta and Mrs. Brainstem and cerebellum seem normal. The distinguishing characteristic of PVS is that the brain stem remains alive and functioning while the cortex has lost its function judgemsnt activity.

Aruna Ramchandra Shanbaug vs Union Of India & Ors on 7 March,

Whilst this Court has held that there is no right to die judgemnet under Article 21 of the Constitution and attempt to suicide is a crime vide Section IPC, the Court has held that the right to life includes the right to live with human dignity, and in the case of a dying person who is terminally ill or in a permanent vegetative state he may shanbauh permitted to terminate it by a premature extinction of his life in these circumstances and it is not a crime vide Gian Kaur’s case supra.

We had arranged for the screening of the CD in the Courtroom, so that all present in Court could judgemenh the condition of Aruna Shanbaug. She makes sounds when she has to pass stool and urine which the aruma staff identifies and attends to by leading her to the toilet. The Doctors, Nurses and staff of KEM, are determined to take care of her till her last breath by natural process.

Ganesan on 10 February, I also agree that the doctor’s conduct is to be differentiated from that of, for example, an interloper who maliciously switches off a judgeement support machine because, although the interloper may perform exactly the same act as the doctor who discontinues life support, his doing so constitutes interference with the life-prolonging treatment then being administered by the doctor.

  GUTHRIE GOVAN FIVES TAB PDF

It may be clarified that aruma decisions have only persuasive value in our country, and are not binding authorities on our Courts.

Archived from the original on 7 March He says that “there was an argument and a physical fight” when Shanbaug refused to give him leave to visit his ill mother-in-law and said that she would write him up for poor work.

Aruna Shanbaug case

It does not authorize forcible feeding of prisoners on hunger strike. If oxygen supply is cut off for more than six minutes, the brain cells die and this condition is known as anoxia.

MCS is distinguished from VS by the partial preservation of conscious awareness. With the new order in place, now, a person under medical treatment can decide when to give-up life support. Even if you think it would be good for people to do X, you cannot make it illegal for people to not do X, or everyone in the country who did not do X today would have to be arrested.

After examining Shanbaug, the panel concluded that she met “most of the criteria of being in a permanent vegetative state”.

She was wearing diapers. These were Washington vs. The cortex is that part of the brain which is the seat of cognitive function and sensory capacity. They felt that shsnbaug was no need for euthanasia in the case.

Likewise, if consciousness, albeit severely limited, is present, then a person will be considered to be alive even if he has suffered brain stem death, wherein breathing and heartbeat can no longer be regulated and must be mechanically determined. Shanbaug never recovered all through the 42 years of the rest of her life that she was taken care of by fellow nurses at KEM hospital in a room attached to ward no. The question which lies at the heart of the present case is, as I see it, whether on that principle the doctors responsible for the treatment and care of Anthony Bland can justifiably discontinue the process of artificial feeding upon which the prolongation of his life depends.

What they have juvgement is simply marvelous. Digital delivery will take centre stage.