Written by: Express News Service
2 min readNew DelhiJan 25, 2011 11:54 PM IST
First published on: Jan 25, 2011 at 11:54 PM IST
The Supreme Court on Monday sought a response from the Attorney General on a plea for euthanasia or mercy killing-which is not legal in India-for a rape victim,who has been in coma for the past 36 years.
The court also appointed a three-member panel of noted doctors to examine the patient,Aruna Ramachandra Shanbaug,and submit a detailed report before the court by the next date in February.
Acknowledging that right to die is not legalised in India,the bench of Justices Markandeya Katju and Gyan Sudha Mishra said,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 thrown by the legislation and judicial precedents of foreign countries.
The panel of doctors who will examine the victim comprises J V Divatia,Head,Department of Anesthesia,Critical Care and Pain at Tata Memorial Hospital,Mumbai; Roop Gursahani,Consultant Neurologist at PD Hinduja Hospital,Mumbai; and Nilesh Shah,Head,Department of Psychiatry at Lokmanya Tilak Municipal Corporation Medical College and General Hospital.
The court also appointed senior advocate T R Andhyarujina as an amicus curiae to assist on the matter.
The directions came on a petition filed by Pinki Virani,a writer,and a friend of the victim,who is languishing in Mumbais King Edward Memorial Hospital. She brought to the notice of the court the unfortunate condition of the victim and urged that she be allowed to die peacefully by withdrawing the food being fed to her,forcibly.
The apex court had issued notices to the Union government and other authorities on December 16,2009,but only the Mumbai Municipal Corporation and the Dean,KEM Hospital,have filed the responses.
The affidavit of Amar Ramaji Pazare,of KEM Hospital,said the victim accepted food in normal course and responded by facial expressions. She also responded to commands intermittently by making sounds.
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