Aruna Shanbaug
Encyclopedia
Aruna Shanbaug is a nurse from Haldipur
, Uttar Kannada, Karnataka
in India
. In 1973, while working at King Edward Memorial Hospital, Parel
, Mumbai
, she was sexually assaulted and has been in a vegetative state
since the assault. On 24 January 2011, after she had been in this status for 37 years, the Supreme Court of India
responded to the plea for euthanasia
filed by Aruna's friend journalist Pinki Virani
, by setting up a medical panel to examine her. The court turned down the mercy killing petition on 7 March 2011. However in its landmark judgment, it allowed passive euthanasia in India.
On the night of 27 November 1973, Shanbaug was sexually assaulted by Sohanlal Bhartha Walmiki, a Sweeper on contract at the King Edward Memorial Hospital. Walmiki was motivated partly by resentment for being ordered about and castigated by Shanbaug. Walmiki attacked her while she was changing clothes in the hospital basement. He choked her with a dog chain and sodomized
her. The asphyxiation cut off oxygen supply to her brain, resulting in brain stem contusion injury and cervical cord injury apart from leaving her cortically blind
.
The police case was registered as a case of robbery
and attempted murder
on account of the concealment of anal rape by the doctors under the instructions of the Dean of KEM, Dr. Deshpande, perhaps to avoid the social rejection
of the victim, and her impending marriage.
Walmiki was caught and convicted, and served two concurrent seven-year sentences for assault and robbery, neither for rape or sexual molestation, nor for the "unnatural sexual offence" (which could have got him a ten-year sentence by itself).
demanding improved conditions for Shanbaug and better working conditions for themselves. In the 1980s the BMC
made two attempts to move Shanbaug outside the KEM Hospital to free the bed she has been occupying for seven years. KEM nurses launched a protest, and the BMC abandoned the plan.
.
On December 17, 2010, Supreme Court while admitting the plea to end the life made by activist-journalist Pinki Virani, sought a report on Shanbaug's medical condition from the hospital in Mumbai and the government of Maharashtra
. On 24 January 2011, the Supreme Court of India responded to the plea for euthanasia
filed by Aruna's friend journalist Pinki Virani
, by setting up a medical panel to examine her. The three-member medical committee subsequently set up under the Supreme Court's directive, checked upon Aruna and concluded that she met "most of the criteria of being in a permanent vegetative state".
However, it turned down the mercy killing petition on 7 March 2011. The court, in its landmark judgement, however allowed passive euthanasia in India.
While rejecting Pinki Virani's plea for Aruna Shanbaug's euthanasia, the court laid out guidelines for passive euthanasia. According to these guidelines, passive euthanasia involves the withdrawing of treatment or food that would allow the patient to live.
Pinki Virani’s lawyer, Shubhangi Tulli ruled out filing an appeal stating "the two-judge ruling was final till the SC decided to constitute a larger bench to re-examine the issue". Pinki Virani herself stated, "Because of this woman (Aruna Shanbaug), who has never received justice, no other person in a similar position will have to suffer for more than three and a half-decades."
Haldipur
Haldipur is a village in the southern state of Karnataka, India. It is located in the Honavar taluk of Uttara Kannada district in Karnataka. A sea port is coming up in this place.-Demographics:...
, Uttar Kannada, Karnataka
Karnataka
Karnataka , the land of the Kannadigas, is a state in South West India. It was created on 1 November 1956, with the passing of the States Reorganisation Act and this day is annually celebrated as Karnataka Rajyotsava...
in India
India
India , officially the Republic of India , is a country in South Asia. It is the seventh-largest country by geographical area, the second-most populous country with over 1.2 billion people, and the most populous democracy in the world...
. In 1973, while working at King Edward Memorial Hospital, Parel
Parel
Lower Parel or Parel is central part of Mumbai. It is also lends its name to two railway stations on the Mumbai suburban railway. Most of the mills in Mumbai used to be in this area till some years ago...
, Mumbai
Mumbai
Mumbai , formerly known as Bombay in English, is the capital of the Indian state of Maharashtra. It is the most populous city in India, and the fourth most populous city in the world, with a total metropolitan area population of approximately 20.5 million...
, she was sexually assaulted and has been in a vegetative state
Persistent vegetative state
A persistent vegetative state is a disorder of consciousness in which patients with severe brain damage are in a state of partial arousal rather than true awareness. It is a diagnosis of some uncertainty in that it deals with a syndrome. After four weeks in a vegetative state , the patient is...
since the assault. On 24 January 2011, after she had been in this status for 37 years, the Supreme Court of India
Supreme Court of India
The Supreme Court of India is the highest judicial forum and final court of appeal as established by Part V, Chapter IV of the Constitution of India...
responded to the plea for euthanasia
Euthanasia
Euthanasia refers to the practice of intentionally ending a life in order to relieve pain and suffering....
filed by Aruna's friend journalist Pinki Virani
Pinki Virani
Pinki Virani is an Indian writer and journalist who has won critical acclaim for her works "Once was Bombay", and "Aruna's Story".-Early life and education:...
, by setting up a medical panel to examine her. The court turned down the mercy killing petition on 7 March 2011. However in its landmark judgment, it allowed passive euthanasia in India.
Attack and trial
Aruna Shanbaug hailing from Haldipur town of Uttar kannada district in Karnataka, was a junior nurse, at King Edward Memorial Hospital in Mumbai and was planning to get married to a medic in the hospital.On the night of 27 November 1973, Shanbaug was sexually assaulted by Sohanlal Bhartha Walmiki, a Sweeper on contract at the King Edward Memorial Hospital. Walmiki was motivated partly by resentment for being ordered about and castigated by Shanbaug. Walmiki attacked her while she was changing clothes in the hospital basement. He choked her with a dog chain and sodomized
Sodomy
Sodomy is an anal or other copulation-like act, especially between male persons or between a man and animal, and one who practices sodomy is a "sodomite"...
her. The asphyxiation cut off oxygen supply to her brain, resulting in brain stem contusion injury and cervical cord injury apart from leaving her cortically blind
Cortical blindness
Cortical blindness is the total or partial loss of vision in a normal-appearing eye caused by damage to the visual area in the brain's occipital cortex. This damage is most often caused by loss of blood flow to the occipital cortex from either unilateral or bilateral posterior cerebral artery...
.
The police case was registered as a case of robbery
Robbery
Robbery is the crime of taking or attempting to take something of value by force or threat of force or by putting the victim in fear. At common law, robbery is defined as taking the property of another, with the intent to permanently deprive the person of that property, by means of force or fear....
and attempted murder
Attempted murder
Attempted murder is a crime in England and Wales and Northern Ireland.-Today:In English criminal law, attempted murder is the crime of more than merely preparing to commit unlawful killing and at the same time having a specific intention to cause the death of human being under the Queen's Peace...
on account of the concealment of anal rape by the doctors under the instructions of the Dean of KEM, Dr. Deshpande, perhaps to avoid the social rejection
Social rejection
Social rejection occurs when an individual is deliberately excluded from a social relationship or social interaction. The topic includes both interpersonal rejection and romantic rejection. A person can be rejected on an individual basis or by an entire group of people...
of the victim, and her impending marriage.
Walmiki was caught and convicted, and served two concurrent seven-year sentences for assault and robbery, neither for rape or sexual molestation, nor for the "unnatural sexual offence" (which could have got him a ten-year sentence by itself).
Nurses' strike
Following the attack, nurses in Mumbai went on strikeStrike action
Strike action, also called labour strike, on strike, greve , or simply strike, is a work stoppage caused by the mass refusal of employees to work. A strike usually takes place in response to employee grievances. Strikes became important during the industrial revolution, when mass labour became...
demanding improved conditions for Shanbaug and better working conditions for themselves. In the 1980s the BMC
Municipal Corporation of Greater Mumbai
The Brihanmumbai Mahanagar Palika is the civic body that governs the city of Mumbai and is India's richest municipal organisation. Its annual budget is even more than that of some of the small states of India. It is also known as Municipal Corporation of Greater Mumbai or the Brihanmumbai...
made two attempts to move Shanbaug outside the KEM Hospital to free the bed she has been occupying for seven years. KEM nurses launched a protest, and the BMC abandoned the plan.
Supreme Court case
Since the assault in 1973, she has been in a vegetative statePersistent vegetative state
A persistent vegetative state is a disorder of consciousness in which patients with severe brain damage are in a state of partial arousal rather than true awareness. It is a diagnosis of some uncertainty in that it deals with a syndrome. After four weeks in a vegetative state , the patient is...
.
On December 17, 2010, Supreme Court while admitting the plea to end the life made by activist-journalist Pinki Virani, sought a report on Shanbaug's medical condition from the hospital in Mumbai and the government of Maharashtra
Government of Maharashtra
Government of Maharashtra is the government for the state of Maharashtra in Western India.It is an elected government with 288 MLAs elected to the legislative assembly for a 5 year term.-Ministers:...
. On 24 January 2011, the Supreme Court of India responded to the plea for euthanasia
Euthanasia
Euthanasia refers to the practice of intentionally ending a life in order to relieve pain and suffering....
filed by Aruna's friend journalist Pinki Virani
Pinki Virani
Pinki Virani is an Indian writer and journalist who has won critical acclaim for her works "Once was Bombay", and "Aruna's Story".-Early life and education:...
, by setting up a medical panel to examine her. The three-member medical committee subsequently set up under the Supreme Court's directive, checked upon Aruna and concluded that she met "most of the criteria of being in a permanent vegetative state".
However, it turned down the mercy killing petition on 7 March 2011. The court, in its landmark judgement, however allowed passive euthanasia in India.
While rejecting Pinki Virani's plea for Aruna Shanbaug's euthanasia, the court laid out guidelines for passive euthanasia. According to these guidelines, passive euthanasia involves the withdrawing of treatment or food that would allow the patient to live.
Response
Following the Supreme Court judgment rejecting the plea, her colleagues, the nursing staff at the hospital, who had opposed the petition, and who have been looked after her, since she lapsed into coma, distributed sweets and cut a cake to celebrate what they termed her "rebirth". Senior nurse at the hospital later said, "We have to tend to her just like a small child at home. She only keeps aging like any of us, does not create any problems for us. We take turns looking after her and we love to care for her. How can anybody think of taking her life,"Pinki Virani’s lawyer, Shubhangi Tulli ruled out filing an appeal stating "the two-judge ruling was final till the SC decided to constitute a larger bench to re-examine the issue". Pinki Virani herself stated, "Because of this woman (Aruna Shanbaug), who has never received justice, no other person in a similar position will have to suffer for more than three and a half-decades."
In popular culture
A non-fiction book titled Aruna's Story has been written by Pinki Virani about the case in 1998, while Duttakumar Desai wrote the Marathi play, Katha Arunachi in 1994-95 and was performed at the college level, subsequently it was staged under director Vinay Apte in 2002.Further reading
- Aruna's Story: the true account of a rape and its aftermath, by Pinki ViraniPinki ViraniPinki Virani is an Indian writer and journalist who has won critical acclaim for her works "Once was Bombay", and "Aruna's Story".-Early life and education:...
. Viking, 1998. - Arunachi Goshta (Marathi), by Pinki Virani, Translator : Meena Karnikar. Mehta Publishing House. ISBN 8184981422.
External links
- Court ruling, Aruna Shanbaug vs. Union of India, March 7, 2011 at Supreme Court of IndiaSupreme Court of IndiaThe Supreme Court of India is the highest judicial forum and final court of appeal as established by Part V, Chapter IV of the Constitution of India...
- Pinki Virani's Interview - June 13, 2008