ARUNA RAMCHANDRA SHANBAUGversusUNION OF INDIA AND ORS .

                     [2011] 2 S.C.R. 869


           ARUNA RAMCHANDRA SHANBAUG                             A
                               v.
                UNION OF INDIA AND ORS .
           . (Writ Petition (Crl.) No.115 of 2009)
                     JANUARY 24, 2011
                                                                  B
[MARKANDEY KATJU AND GYAN SUDHA MISRA, JJ.]

      Euthanasia/mercy killing: Plea for- Writ petition u/Article
32 of the Constitution on behalf of the petitioner by a next friend
- A/legation in the writ petition was that the 60 years ·old C
petitioner, who was being looked after by the KEM hospital staff,
was if/ a persistent vegetative state for last 36 years due to brain
injury - Prayer for mercy killing on the ground that there was
not a slightest possibility of any improvement in her condition
and, therefore, the respondents should be directed to stop D
feeding the petitioner and allow her to die peacefully- Affidavit
by the Head of the hospital to the effect that the petitioner has
been able to take food in normal course and has been
responding by facial expression - Variance between the
a/legations in the writ petition and the affidavit of the Head of E
the hospital - In the circumstances, a team of three very
distinguished doctors of Mumbai appointed to examine the
petitioner thoroughly and to submit a report about her physical
and mental condition - The authorities, doctors and staff in the
KEM hospital directed to give all assistance and cooperation F
to this team - The Chief Justice of Bombay High Court also
requested to extend all help and cooperation to the team -
State Government also directed to provide all facilities to the
team of doctors - Constitution of India, 1950 -Article 32.
      CRIMINAL APPELLATE JURISDICTION : Writ Petition . G
(Crl.) No. 115 of 2009.
    Under Article 32 of the Constitution of India.


                             869                                  H
    870      SUPREME COURT REPORTS                  [2011) 2 S.C.R.

A       Shekhar Nahphade, Shubhangi Tuli, Vimal Chandra S.
    Dave for the Petitioner.
        Atul Y. Chitale, Suchitra Atul Chitale, Snigdha Pandey,
    Nishtha Kumar, Sunaina Dutta, Chinmoy Khaldkar, Asha
    Gopalan Nair for the Respondents.
8
          The following Order of the Court was delivered
                              ORDER
          Heard learned counsel for the parties.
c      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
D thrown by the legislations and judicial precedents of foreign
  countries.
       The case before us is a writ petition under Article 32 of the
  Constitution, and has been filed on behalf of the petitioner Aruna
  Ramachandra Shanbaug by one Ms. Pinki Virani of Mumbai,
E as a next friend.
        It is stated in the writ petition that the petitioner Aruna
  Ramachandra Shanbaug was a staff Nurse working in King
  Edward Memorial Hospital, Parel, Mumbai. On the evening of
  27th November, 1973 she was attacked by a sweeper in the
F hospital who wrapped a dog chain around her neck and yanked
  her back with it. He tried to rape her but finding that she was
  menstruating, he sodomized her. To immobilize her during this
  act he twisted the chain around her neck. The next day on 28th
  November, 1973 at 7.45 a.m. a cleaner found her lying on the
G floor with blood all over in an unconscious condition. It is alleged
  that due to strangulation by the dog chain the supply of oxygen
  to the brain stopped and the brain got damaged. It is alleged
  that the Neurologist in the Hospital found that she had planters'
  extensor, which means damage to the cortex or some other part
H of the brain. She also had brain stem contusion injury with
 ARUNA RAMCHANDRA SHANBAUG v. UNION OF                         871
             INDIA AND ORS.

associated cervical cord injury.                                       A
     It is alleged at page 11 of the petition that 36 years have
expired since the incident and now Aruna Ramachandra
Shanbaug is about 60 years of age. She is featherweight, and
her brittle bones could break if her hand or leg are awkwardly
                                                                       8
caught, even accidentally, under her lighter body. She has
stopped menstruating and her skin is now like papier mache'
stretched over a skeleton. She is prone to bed sores. Her wrists
are twisted inwards. Her teeth had decayed causing her
immense pain. She can only be given mashed food, on which
she survives.                                                          C
       It is alleged that Aruna Ramachandra Shanbaug is in a
persistent vegetative State and virtually a dead person and has
no state of awareness, and her brain is virtually dead. She can
neither see, nor hear anything nor can she express herself or          0
communicate, in any manner whatsoever. Mas~ed food is put
in her mouth, she is not able to chew or taste any food. She is
not even aware that food has been put in her mouth. She is not
able to swallow any liquid food, which shows that the food goes
down on its own and not because of any effort on her part. The
process of digestion goes on in this way as the mashed food            E
passes through her system. However, Aruna is virtually a
skeleton. Her excreta and the urine is discharged on the bed
itself. Once in a while she is cleaned up but in a short while again
she goes back into the same sub-human condition. Judged by
any parameter, Aruna cannot be said to be a living person and          ~\
it is only on account of mashed food which is put into her mouth
there is a fa9ade of life which is totally devoid of any human
element. There is not the slightest pos~bility of any improvement
in. her condition and her body lies on the~ed in the KEM Hospital,
Mumbai like a dead animal, and this has been the position for          G
the last 36 years.
     The prayer of the petitioner is that ,the respondents be
directed to stop feeding Aruna, and let her die peacefully.
    'Although, notice had been issued by this Court on                 H
    872        SUPREME COURT REPORTS                  [2011) 2 S.C.R.


A   16.12.2009 to all the respondents in this petition, the only counter
    affidavit which has been filed is that on behalf of the respondent
    no.3 and 4, the Mumbai Municipal Corporation and the Dean,
    KEM Hospital. That affidavit, of Dr. Amar Ramaji Pazare,
    Professor and Head in the said hospital, states in paragraph 6
B   thatAruna accepts the food in normal course and responds by
    facial expressions. She responds to commands intermittently by
    making sounds. She makes sounds when she has to pass stool
    and urine which the nursing staff identifies and attends to by
    leading her to the toilet.
c        Thus, there is some variance between the allegations in the
    writ petition and the counter affidavit of Dr. Pazare.
        In the circumstances we are of the opinion that a team of
    three doctors should be appointed to examine Aruna
0   Ramachandra Shanbaug thoroughly and give a report to us
    about her physical and mental condition. For this purpose we are
    appointing a team of following three doctors :
          1.     Dr. J.V. Divatia, Professor and Head, Department
                 of Anesthesia, Critical Care and Pain at Tata
E                Memorial Hospital, Mumbai, whose mobile number
                 is 09869077435 and e-mail address is
                 jdivatia@yahoo.com
          2.     Dr. Roop Gursahani, Consultant Neurologist at P.O.
                 Hinduja Hospital, Mumbai, whose mobile number is
F                09821087597        and   e-mail   address       is
                 roop_gursahani@hotmail.com
          3.     Dr. Nilesh Shah, Professor and Head, Department
                 of Psychiatry at Lokmanya Tilak Municipal
G                Corporation Medical College and General Hospital,
                 whose mobile number is 09821788658 and e-mail
                 address is drnilshah@hotmail.com.
          The above team of doctors is requested to examine theI
    petitioner Aruna Ramachandra Shanbaug at the KEM Hospit~I
H   thoroughly and submit us a detailed report about her physical and
   ARUNA RAMCHANDRA SHANBAUG v. UNION OF                         873
               INDIA AND ORS.

 mental condition so as to enable us to get the correct facts. The A
 team of above mentioned three doctors should preferably submit
 to us a joint report. They can take the help of any hospital or
 doctor in Mumbai or elsewhere for the purpose assigned to them
 by this order. All hospitals/doctors in Mumbai and elsewhere are
 directed to give all assistance and cooperation to this team of. B
 doctors appointed by us, including carrying out any investigation
 they require. In particular the authorities and doctors and staff in
 KEM Hospital Mumbai will give all assistance and cooperation
 to this team so that they may do the work assigned to them by
 this order, effectively.                                             c
       The Chief Justice of the Bombay High Court is also·
 requested to kindly extend all help and cooperation to the above ·
 mentioned team in any manner they desire. The State
 Government of Maharashtra will provide all facilities to this team
 of doctors in any manner they desire including arrangements for D
 their transport, any funds they require for performing their duties
 under this order, etc.
     Issue notice to the learned Attorney General of India who is
requested to assist us at the time of the final hearing of this ca'se
which is fixed for 22.02.2011, as the first case on the list. Counter    E
afidavits may be filed by that date by the respondents who have
not as yet filed them. Mr. T.R. Andhyarujina, learned Sr. Advocate
is requested to assist us as amicus curiae in this matter.
      The question of locus standi of the next friend of the
                                                                         F
petitioner to move this petition shall also be considered on the
date fixed.
       Let copies of this order as well as copies of the writ petition
  and the counter affidavit of Dr. Pazare be sent forthwith to the
  team of doctors nominated by us. Copies of the same shall also         G
  be given to the learned Attorney General of India as well as Mr.
  T.R. Andhyarujina, Sr. Adv. Copies of this order will also be sent
. to the doctors appointed by us today to their e-mail address
  mentioned above.
D.G.                                      Writ Petition adjourned.       H