Order
1. Heard the learned counsel for the parties. 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 uncharted sea, seeking some guidance by the light thrown by the legislations and judicial precedents of foreign countries.
2. 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, 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 27-11-1973 she was attacked by a sweeper in the 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 sodomised her. To immobilise her during this act he twisted the chain around her neck. The next day on 28-11-1973 at 7.45 a.m a cleaner found her lying on the floor with blood all over in an unconscious condition.
3. 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 Plantars' extensor, which means damage to the cortex or some other part of the brain. She also had brainstem contusion injury with associated cervical cord injury.
4. It is alleged at p. 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 caught, even accidentally, under her lighter body. She has stopped menstruating and her skin is now like papier mâché stretched over a skeleton. She is prone to bedsores. Her wrists are twisted inwards. Her teeth had decayed causing her immense pain. She can only be given mashed food, on which she survives.
5. 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 communicate, in any manner whatsoever. Mashed 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 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 subhuman condition.
6. 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 façade of life which is totally devoid of any human element. There is not the slightest possibility of any improvement in her condition and her body lies on the bed in KEM Hospital, Mumbai like a dead animal, and this has been the position for the last 36 years. The prayer of the petitioner is that the respondents be directed to stop feeding Aruna, and let her die peacefully.
7. Although, notice had been issued by this Court on 16-12-2009 to all the respondents in this petition, the only counter-affidavit which has been filed is that on behalf of Respondents 3 and 4, Mumbai Municipal Corporation and the Dean, KEM Hospital. That the affidavit of Dr. Amar Ramaji Pazare, Professor and Head in the said hospital, states in Para 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 attends to by leading her to the toilet. Thus, there is some variance between the allegations in the writ petition and the counter-affidavit of Dr. Pazare.
8*. In the circumstances we are of the opinion that a team of three doctors should be appointed to examine Aruna Ramachandra Shanbaug thoroughly and give a report to us about her physical and mental condition. For this purpose we are appointing a team of the following three doctors:
(1) Dr. J.V Divatia, Professor and Head, Department of Anaesthesia, Critical Care and Pain at Tata Memorial Hospital, Mumbai, whose mobile number is 09869077435 and email address is jdivatia@yahoo.com.
(2) Dr. Roop Gursahani, Consultant Neurologist at P.D Hinduja Mumbai, whose mobile number is 09821087597 and email address is roop_gursahani@hotmail.com.
(3) Dr. Nilesh Shah, Professor and Head, Department of Psychiatry at Lokmanya Tilak Municipal Corporation Medical College and General Hospital, whose mobile number is 09821788658 and email address is drnilshah@hotmail.com.
The above team of doctors is requested to examine the petitioner Aruna Ramachandra Shanbaug at KEM Hospital thoroughly and submit to us a detailed report about her physical and mental condition so as to enable us to get the correct facts.
9. The team of the abovementioned 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 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.
10. The Chief Justice of the Bombay High Court is also requested to kindly extend all help and cooperation to the abovementioned 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 their transport, any funds they require for performing their duties under this order, etc.
11. Issue notice to the learned Attorney General of India who is requested to assist us at the time of the final hearing of this case which is fixed for 22-2-2011, as the first case on the list. Counter-affidavits may be filed by that date by the respondents who have not as yet filed them. Mr T.R Andhyarujina, learned Senior Advocate is requested to assist us as amicus curiae in this matter. The question of locus standi of the next friend of the petitioner to move this petition shall also be considered on the date fixed.
12. 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 be given to the learned Attorney General of India as well as Mr T.R Andhyarujina, Senior Advocate. Copies of this order will also be sent to the doctors appointed by us today to their email addresses mentioned above.