Aruna Shanbaug Case - Supreme Court of India

14522 WordsJul 21, 201359 Pages
Supreme Court of India Aruna Ramchandra Shanbaug vs Union Of India & Ors. on 7 March, 2011 Bench: Markandey Katju, Gyan Sudha Misra REPORTABLE IN THE SUPREME COURT OF INDIA CRIMINAL ORIGINAL JURISDICTION WRIT PETITION (CRIMINAL) NO. 115 OF 2009 Aruna Ramchandra Shanbaug .. Petitioner -versus- Union of India and others .. Respondents J U D G M E N T Markandey Katju, J. "Marte hain aarzoo mein marne ki Maut aati hai par nahin aati" -- Mirza Ghalib 1. Heard Mr. Shekhar Naphade, learned senior counsel for the petitioner, learned Attorney General for India for the Union of India Mr. Vahanvati, Mr. T. R. Andhyarujina, learned Senior Counsel, whom we had appointed as amicus curiae, Mr. Pallav Sisodia, learned senior counsel…show more content…
The prayer of the petitioner is that the respondents be directed to stop feeding Aruna, and let her die peacefully. 4. We could have dismissed this petition on the short ground that under Article 32 of the Constitution of India (unlike Article 226) the petitioner has to prove violation of a fundamental right, and it has been held by the Constitution Bench decision of this Court in Gian Kaur vs. State of Punjab, 1996(2) SCC 648 (vide paragraphs 22 and 23) that the right to life guaranteed by Article 21 of the Constitution does not include the right to die. Hence the petitioner has not shown violation of any of her fundamental rights. However, in view of the importance of the issues involved we decided to go deeper into the merits of the case. 5 5. Notice had been issued by this Court on 16.12.2009 to all the respondents in this petition. A counter affidavit was earlier filed on behalf of the respondent nos.3 and 4, the Mumbai Municipal Corporation and the Dean, KEM Hospital by Dr. Amar Ramaji Pazare, Professor and Head in the said hospital, stating in paragraph 6 that Aruna 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

More about Aruna Shanbaug Case - Supreme Court of India

Open Document