aruna shanbaug case summary
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Case Summary: Aruna Ramchandra Shanbaug vs Union of India & Others
Citation: (2011) 03 SC CK 0044 | (2011) 4 SCC 454
Case No: Writ Petition (Criminal) No. 115 of 2009
Date of Decision: 07 March 2011
Bench: Hon'ble Justices Markandey Katju and Gyan Sudha Mishra
Final Decision: Petition Dismissed
[Judgment Source] https://www.courtkutchehry.com/Judgement/Search/AdvancedV2?docid=276904
Case Summary: Aruna Ramchandra Shanbaug v. Union of India (2011)
Law Points Raised
- Whether the right to die is included under Article 21 of the Constitution of India.
- Scope of euthanasia in Indian law – distinction between active and passive euthanasia.
- Interpretation of Article 32 – maintainability of writ in cases concerning euthanasia.
- Applicability of IPC Sections 302, 304, 306, 309 regarding end-of-life decisions.
- Use of international case law and medical ethics to interpret Indian constitutional law.
Ratio Decidendi
- The Court held that Article 21 does not include the right to die, as held earlier in Gian Kaur v. State of Punjab.
- However, passive euthanasia may be permissible under strict guidelines until legislation is passed.
- Court permitted High Courts to hear cases under Article 226 for such requests with expert panels.
- Active euthanasia continues to be illegal in India.
Final Ruling
- The writ petition under Article 32 was dismissed as no fundamental right was violated.
- However, the Court laid down detailed guidelines for passive euthanasia under Article 226 jurisdiction.
- Aruna Shanbaug was not in a Persistent Vegetative State (PVS) as claimed by the petitioner.
- Court refused to withdraw life support as she responded to stimuli and was being cared for by KEM staff.
Relevant Paragraphs for Reference
- Para 22-23 – On right to life not including right to die (Gian Kaur reference).
- Para 104-118 – Legal position on euthanasia globally and in India.
- Para 119-125 – Guidelines for passive euthanasia.
- Para 131-138 – Medical condition of Aruna Shanbaug and report from the doctors.
- Para 139-140 – Final decision and directions.