If you have not read the first chapter - click the link below to read it before you proceed with this post.
Chapter-1- You Need to Read About Aruna.
Who is Pinki Virani?
Chapter-1- You Need to Read About Aruna.
Who is Pinki Virani?
Pinki Virani, the front face of Euthanasia Plea for Aruna. She is her friend and her lawyer. She is the writer of the book – ‘Aruna’s Story’. She is more of an activist than an author. The books she has written have all been to highlight some issue.
Her 'friend' and lawyer Pinki Virani had appealed for euthanasia, but doctors at KEM didn't agree, they said she responds through facial expressions. While the court dismissed author and journalist Pinki virani petition as Aruna's next friend - seeking right to die - it importantly, recognised an individual's right to die. In its 110 page judgment the court legalised passive euthanasia and has said that while active euthanasia is illegal, passive euthanasia is permissible.
Role of Pinki Virani in this case?
Pinki Virani is known for filing a petition in Supreme Court of India on behalf of Aruna Shanbaug which resulted in a judgement by the Court that legalised passive euthanasia in India. On behalf of Aruna, her friend Pinki Virani filed a petition in the Supreme Court arguing that the "continued existence of Aruna is in violation of her right to live in dignity". The Supreme Court made its decision on 7 March 2011. The court rejected the plea to discontinue Aruna's life support but issued a set of broad guidelines legalising passive euthanasia in India. However, the supreme court judges held Pinki Virani in high esteem as seein in the judgement.
Passive Euthanasia in India?
While rejecting Pinki Virani's plea for Aruna Shanbaug's euthanasia, the court laid out guidelines for passive euthanasia.[2]
According to these guidelines, passive euthanasia involves the withdrawing of treatment or food that would allow the patient to live.[4][6]
Forms of active euthanasia, including the administration of lethal compounds, are legal in a number of nations and jurisdictions, including Switzerland, Belgium and the Netherlands, as well as the US states of Washington and Oregon, but they are still illegal in India.[4][7]
According to these guidelines, passive euthanasia involves the withdrawing of treatment or food that would allow the patient to live.[4][6]
Forms of active euthanasia, including the administration of lethal compounds, are legal in a number of nations and jurisdictions, including Switzerland, Belgium and the Netherlands, as well as the US states of Washington and Oregon, but they are still illegal in India.[4][7]
Elsewhere in the world active euthanasia is almost always illegal.[7]
The legal status of passive euthanasia, on the other hand, including the withdrawal of nutrition or water, varies across the nations of the world.[8]
As India had no law about euthanasia, the Supreme Court's guidelines are law until and unless Parliament passes legislation.[4]
India's Minister of Law and Justice, Veerappa Moily, called for serious political debate over the issue.[6]
The legal status of passive euthanasia, on the other hand, including the withdrawal of nutrition or water, varies across the nations of the world.[8]
As India had no law about euthanasia, the Supreme Court's guidelines are law until and unless Parliament passes legislation.[4]
India's Minister of Law and Justice, Veerappa Moily, called for serious political debate over the issue.[6]
The following guidelines were laid down:
A decision has to be taken to discontinue life support either by the parents or the spouse or other close relatives, or in the absence of any of them, such a decision can be taken even by a person or a body of persons acting as a next friend. It can also be taken by the doctors attending the patient. However, the decision should be taken bona fide in the best interest of the patient.
Even if a decision is taken by the near relatives or doctors or next friend to withdraw life support, such a decision requires approval from the High Court concerned
When such an application is filed the Chief Justice of the High Court should forthwith constitute a Bench of at least two Judges who should decide to grant approval or not. A committee of three
reputed doctors to be nominated by the Bench, who will give report regarding the condition of the patient. Before giving the verdict a notice regarding the report should be given to the close relatives and the State.
reputed doctors to be nominated by the Bench, who will give report regarding the condition of the patient. Before giving the verdict a notice regarding the report should be given to the close relatives and the State.
After hearing the parties, the High Court can give its verdict.
Pinki Virani has made an effort to highlight not only the issue of Euthanasia but put forward a step to legalise ‘Passive Euthanasia’.
To My Readers- I have few questions for all of you....
1) Where does Aruna stand today?
2) Do you think that ‘Rejection of Pinki’s Plea’ is a justice to Aruna’s case?
I respect decision of Supreme Court to legalise passive Euthanasia with strict guidelines. I am against Active Euthanasia thought but I will still write what I feel in my third chapter.
