On March 7, 2011, the Supreme Court of India rejected the plea for mercy killing for Aruna Shanbaug, as sought by activist-writer Pinki Virani. It, however, allowed passive euthanasia in general, provided guidelines framed by it were strictly adhered to. Virani has also written a book on her by the name 'Aruna's Story'. It was claimed that Aruna could not have been given the status of a living person. The mashed food that was put into her mouth was the only factor that provided a facade of life, albeit, in reality, she was devoid of any human element. The plea requested for her to stop being fed and let her die peacefully.
The court, while rejecting the petition, primarily considered the faith of the King Edward Memorial (KEM) hospital staff who opposed the relief saying that they would take complete care of her as she was 'one of them.'
While giving its judgment in the sensitive case, the court referred to Mirza Ghalib's couplet: Marte hain arzoo mein marne ki, maut aati hai par nahin aati'.
In appreciation for the staff of KEM, the court said, "It was for their noble spirit and outstanding, exemplary and unprecedented dedication in taking care of Aruna for so many long years that makes every Indian proud of them."
The other reason for the aforesaid rejection was the possibility that the relatives of a person may conspire with doctors and arrange for his/her death in order to inherit the person's property.
The then Attorney General also argued that the Indian society is emotional and care-oriented; that we do not send our aged parents to old age homes, as is the practice in the West. He also stated that there was grave danger in permitting euthanasia as the relatives of the ailing may conspire to get the person killed and thereby inherit the property.
The then dean of KEM hospital, Dr Sanjay Oak, had opposed the petition by saying, "Aruna means a lot to the KEM hospital. She is on liquid diet and loves listening to music. We have never subjected her to intravenous food or fed her via a tube. All these years, she hasn't had even one bedsore. When those looking after her do not have a problem, I don't understand why a third party, who has nothing to do with her, needs to worry."
To fully comprehend the medical condition, the apex court had appointed a three-doctor committee. It opined that Aruna was in a Permanent Vegetative State. The staff of the KEM hospital had been looking after her for 37 years. Thus, the dean of the hospital (representing the staff), is an appropriate surrogate. They, together acting in the 'best interests of the patient,' felt that withholding or withdrawing the life-sustaining treatments was the appropriate course of action, and must not be considered unlawful.
The apex court, after considering all the aspects, held that passive euthanasia can be allowed. Passive euthanasia entails the withholding of medical treatment for continuance of life.
However, it laid down guidelines based on the principle of parens patriae (when an authority is regarded as the legal protector of citizens unable to protect themselves) and on a judgment between State of Kerala vs NM, and ruled that the court is also a 'state' within the meaning of Article 12 (of the Constitution.) The application would have to be submitted to the high court, seeking permission to be granted passive euthanasia.
Noteworthy euthanasia cases in India
1994: In the case of P Rathinam v/s the Union of India, the Supreme Court had held that a person possessed the 'right to die.'
1996: SC overruled its 1994 verdict. It held that the 'right to die' was not a part of the 'right to life' under Article 21 of the Constitution. It further held that euthanasia was illegal.
1999: Four senior citizens in Kerala HC argued that voluntary termination of one's life either by those who are frustrated or those who had achieved their 'life's mission' would amount to suicide.
2004: Mother of 25-year-old K Venkatesh had moved the Andhra Pradesh HC. Venkatesh was a patient of muscular dystrophy since the age of 10. The petition was dismissed.
2005: A woman's husband and son moved the Patna HC and the state governor asking for mercy killing as she had been in a coma
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