New Delhi: The Supreme Court today rejected an euthanasia plea on behalf of Aruna Shanbaug, who has been in a 'persistent vegetative state' in Mumbai's King Edward Memorial Hospital for over 37 years.



Even though the apex court laid down guidelines for euthanasia in extreme cases of terminally ill patients, it said no to plea on behalf of Aruna Shanbaug.



A bench of justices Markandey Katju and Gyan Sudha Mishra dismissed the plea filed on behalf of KEM hospital nurse Aruna Ramachandra Shanbaug, saying that while active euthanasia (mercy killing) was illegal, yet "passive euthanasia" can be permissible in exceptional circumstances.

The apex court said that as per the facts and circumstances of Aruna's case, medical evidence and other material suggest that the victim need not be subjected to euthanasia.

The bench, however, said since there is no law presently in the country on euthanasia, mercy killing of terminally ill patient "under passive euthanasia doctrine can be resorted to in exceptional cases."

The bench clarified that until Parliament enacts a law, its judgement on active and passive euthanasia will be in force.



The Story of Aruna Shanbaug (Courtesy: Wikipedia)



Aruna Shanbaug is a nurse from Haldipur, Uttar Kannada, Karnataka in India. In 1973, while working at King Edward Memorial Hospital, Parel, Mumbai, she was sexually assaulted by Sohanlal Bhartha Walmiki, a ward boy at the hospital. Walmiki was motivated partly by resentment for being ordered about and castigated by Shanbaug.



On the night of 27 November 1973 he attacked her while she was changing clothes in the hospital basement. He choked her with a dog chain and sodomized her. The asphyxiation cut off oxygen supply to her brain resulting in brain stem contusion injury and cervical cord injury apart from leaving her cortically blind.



The initial medical examination to verify rape as the crime found that Aruna had no vaginal bruises and her hymen was intact. She was menstruating on the day and therefore the rapist did not penetrate her. Subsequent medical reports proved that she bled for days together from the anus.



The police case was registered as a case of robbery and attempted murder on account of the concealment of anal rape by the doctors under the instructions of the Dean of KEM, the late Dr. Deshpande perhaps to avoid the social rejection which might break her impending marriage to Dr. Sundeep Sardesai.



Since the assault, she has been in a vegetative state. On 24th January 2011, the Supreme Court of India responded to the plea for Euthanasia filed by Aruna's friend journalist Pinki Virani, by setting up a medical panel to examine her.



























