Faced with the vexed question of permitting euthanasia (mercy killing)of a rape victim virtually brain dead for the past 36 years, the Supreme Court today sought the attorney general's response on the tricky issue as it is not legalised in the country.
Faced with the vexed question of permitting euthanasia (mercy killing)of a rape victim virtually brain dead for the past 36 years, the Supreme Court today sought the attorney general's response on the tricky issue as it is not legalised in the country.
A bench of Justice Markandeya Katju and Justice Gyan Sudha Mishra also appointed a three-member doctors' team to examine the victim Aruna Ramachandra Shanbaug and submit a detailed joint report to it by the next date of hearing.
"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 bench said in an order.
The bench made the remarks on a petition filed by Pinki Virani, a writer, and her friend who brought to the court's attention the pitiable state of the victim languishing in Mumbai's King Edward Memorial (KEM)Hospital and pleaded that Aruna be allowed to die peacefully by withdrawing the food being supplied to her forcibly.
The three-member doctors' team would comprise JV Divatia, head of department of anaesthesia, Critical Care and Pain at Tata Memorial Hospital, Mumbai, Roop Gursahani, consultant neurologist at PD Hinduja Hospital, Mumbai, and Nilesh Shah, head of department of psychiatry at Lokmanya Tilak Municipal Corporation Medical College and General Hospital.
The bench also appointed senior advocate TR Andhyarujina as an amicus curiae (friend of the court) to assist on the issue.
"The question of locus standi of the next friend of the petitioner to move this petition shall also be considered on the date fixed," the bench said in the order.
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