Court : Supreme Court of India
Brief : (1) Euthanasia - Right to die - Legality - In 1973, petitioner, staff nurse at King Edward Memorial Hospital (KEM hospital), was sexually assaulted and choked, leaving her blind, deaf, paralysed and in a vegetative state - In 1999, 'X' as petitioner's next friend filed a petition for euthanasia submitting that petitioner should be allowed to die with dignity as there was not the slightest possibility of any improvement in her condition - Whether petition filed by the 'X' regarding euthanasia for the petitioner could be allowed?
Citation : Aruna Ramchandra Shanbaug Vs. Union of india (uoi) and Ors. (Decided on 07.03.2011) MANU/SC/0176/2011
Held, petitioner met most of the criteria for being in a permanent vegetative state for the past 37 years - However, her dementia had not progressed and had remained stable for many years - Petitioner's parents were dead and other close relatives were not interested in her ever - It was the KEM hospital staff, who had been amazingly caring for her day and night for so many long years, who really were her next friends, and not 'X' who had only visited her on few occasions and written a book on her - Hence, it was for the KEM hospital staff to take that decision - KEM hospital staff had clearly expressed their wish that petitioner should be allowed to live - Hence, petitioner allowed to live, however, assuming that the KEM hospital staff at some future time changes its mind, in such a situation the KEM hospital would have to apply to the High Court for approval of the decision to withdraw life support - Petition dismissed.
