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词条 Aruna Shanbaug case
释义

  1. Victim

  2. Attack

  3. Perpetrator

  4. Nurses' strike

  5. Supreme Court case

     Response 

  6. Death

  7. In popular culture

  8. Further reading

  9. References

  10. External links

{{Use dmy dates|date=May 2018}}{{Use Indian English|date=May 2018}}{{Infobox person
| name = Aruna Shanbaug
| image = Aruna_Shanbaug.jpg
| alt =
| caption =
| birth_name = Aruna Ramchandra Shanbaug
| birth_date = {{Birth date|df=y|1948|06|01}}
| birth_place = Haldipur, Karnataka, India
| death_date = {{Death date and age|2015|05|18|1948|06|01|df=y}}
| death_place =KEM Hospital, Mumbai, Maharashtra, India
| death_cause = Pneumonia
| nationality = Indian
| other_names =
| occupation = Nurse
| years_active =
| known_for =
| notable_works =
}}Aruna Ramchandra Shanbaug (1 June 1948 – 18 May 2015), was an Indian nurse who was at the centre of attention in a court case on euthanasia after spending 42 years in a vegetative state as a result of sexual assault.[1]

In 1973, while working as a junior nurse at King Edward Memorial Hospital, Parel, Mumbai, Shanbaug was sexually assaulted by a ward boy, Sohanlal Bhartha Walmiki, and remained in a vegetative state following the assault.[1] On 24 January 2011, after she had been in this state for 37 years, the Supreme Court of India responded to the plea for euthanasia filed by journalist Pinki Virani, by setting up a medical panel to examine her. The court rejected the petition on 7 March 2011. However, in its landmark opinion, it allowed passive euthanasia in India.[2]

Shanbaug died of pneumonia on 18 May 2015 after being in a persistent vegetative state for nearly 42 years.[3][4][5]

Victim

Aruna Shanbaug was born in 1948 at Haldipur, Uttar Kannada, Karnataka.[6][7][8] She worked as a nurse at the King Edward Memorial Hospital (KEM) in Mumbai. At the time of the attack, she was engaged to a doctor at the same hospital.[9]

Attack

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.[11] Sohanlal 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 to her brain, resulting in brain stem contusion injury, cervical cord injury, and cortical blindness.[12] She was discovered with blood splattered around her at 7:45 am the next morning by a cleaner.[10]

The police case was registered as a case of robbery and attempted murder because of the concealment of anal rape by the doctors under the instructions of the Dean of KEM, Dr. Deshpande.{{Citation needed|date= April 2018}}

Perpetrator

Sohanlal was caught and convicted for assault and robbery, and he served two concurrent seven-year sentences. He was not convicted of rape, sexual molestation, or unnatural sexual offense, the last of which could have required him to serve a seven-year sentence by itself.{{Citation needed|date= April 2018}}

Journalist and human-rights activist Pinki Virani tried to track down Sohanlal; she was led to believe that Sohanlal had changed his name after leaving prison in 1980 but continued to work in a Delhi hospital, and since neither the King Edward Memorial Hospital nor the court that tried Sohanlal kept a file photo of him, Virani's search failed.[14] Other reports claimed he had subsequently died of AIDS or tuberculosis.[11]

Shortly after Shanbaug's death was announced, however, Sohanlal was traced to his father-in-law's village of Parpa in western Uttar Pradesh, where he was found to be still living, married with a family, and working as a labourer and cleaner in a power station.[11] After his release from prison, he returned to his ancestral village of Dadupur in western Uttar Pradesh before moving to Parpa in the late 1980s.[11] He is described as deeply regretful and tired of life, and reportedly views his subsequent life as "penance", blaming his "mistake" for his daughter's death while he was in prison, maintaining a vegetarian diet, not smoking or drinking, and not touching his wife for many years after leaving prison.[11]

Sohanlal said he only learned of Shanbaug's death after Mumbai based journalist Dnyanesh Chavan from Marathi daily Sakal came looking for him earlier that week.[11]

When interviewed, Sohanlal described his version of the assault, claiming it had been committed in a "fit of rage" and that he had no clear recollection of when it had taken place or what he may have done, though he denied raping her and said that it "must have been someone else". Prior to that night, Sohanlal, then a hospital janitor, had had a difficult relationship with Shanbaug, his superior. He says that "there was an argument and a physical fight" when Shanbaug refused to give him leave to visit his ill mother-in-law and said that she would write him up for poor work.[11]

Nurses' strike

Following the attack, nurses in Mumbai went on strike demanding improved conditions for Shanbaug and better working conditions for themselves.[21] In the 1980s, the Municipal Corporation of Greater Mumbai (BMC) made two attempts to move Shanbaug outside the KEM Hospital to free the bed she had been occupying for seven years. KEM nurses launched a protest, and the BMC abandoned the plan.[22]

Supreme Court case

{{See also|Euthanasia in India}}

Shanbaug remained in a vegetative state from 1973 until her death in 2015.

On 17 December 2010, the 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.[12][13] 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.[14] A three-member medical panel was established under the Supreme Court's directive. After examining Shanbaug, the panel concluded that she met "most of the criteria of being in a permanent vegetative state".[15]

On 7 March 2011, the Supreme Court, in a landmark judgement, issued a set of broad guidelines legalizing passive euthanasia in India.[16][17] These guidelines for passive euthanesia—i.e. the decision to withdraw treatment, nutrition, or water—establish that the decision to discontinue life support must be taken by parents, spouse, or other close relatives, or in the absence of them, by a "next friend". This decision requires approval from the concerned High Court.

In its judgement, the court declined to recognize Virani as the "next friend" of Aruna Shanbaug, and instead treated the KEM hospital staff as the "next friend."

We do not mean to decry or disparage what Ms. Pinky Virani has done. Rather, we wish to express our appreciation of the splendid social spirit she has shown. We have seen on the internet that she has been espousing many social causes, and we hold her in high esteem. All that we wish to say is that however much her interest in Aruna Shanbaug may be it cannot match the involvement of the KEM hospital staff who have been taking care of Aruna day and night for 38 years.[18]{{rp|127–128}}

Since the KEM Hospital staff wished that Aruna Shanbaug be allowed to live, Virani's petition to withdraw life support was declined. However, the court further stipulated that the KEM hospital staff, with the approval of the Bombay High Court, had the option of withdrawing life support if they changed their mind:

However, assuming that the KEM hospital staff at some future time changes its mind, in our opinion in such a situation the KEM hospital would have to apply to the Bombay High Court for approval of the decision to withdraw life support.[18]{{rp|128}}

On 25 February 2014, while hearing a PIL filed by NGO Common Cause, a three-judge bench of the Supreme Court of India said that the prior opinion in the Aruna Shanubaug case was based on a wrong interpretation of the Constitution Bench's opinion in Gian Kaur v. State of Punjab. The court also determined that the opinion was internally inconsistent because although it held that euthanasia can be allowed only by an act of the legislature, it then proceeded to judicially establish euthanasia guidelines. The court referred the issue to a larger Constitution Bench for resolution, writing:

In view of the inconsistent opinions rendered in Aruna Shanbaug (supra) and also considering the important question of law involved which needs to be reflected in the light of social, legal, medical and constitutional perspective, it becomes extremely important to have a clear enunciation of law. Thus, in our cogent opinion, the question of law involved requires careful consideration by a Constitution Bench of this Court for the benefit of humanity as a whole.[19]

Response

Following the Supreme Court decision rejecting the plea, the nursing staff at the hospital—who had opposed the petition and had been looking after Shanbaug since she had lapsed into a vegetative state—distributed sweets and cut a cake to celebrate what they termed her "rebirth". A 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?"[9]

Pinki Virani's lawyer, Shubhangi Tulli, decided not to file an appeal, saying "the two-judge ruling was final till the SC decided to constitute a larger bench to re-examine the issue." Pinki Virani said, "Because of this woman who has never received justice, no other person in a similar position will have to suffer for more than three and a half decades."[20]

Death

A few days before her death, Shanbaug was diagnosed with pneumonia. She was moved to the medical intensive care unit (MICU) of the hospital and put on a ventilator. She died the morning of 18 May 2015.[5] Her funeral was performed by the hospital nurses and other staff members.[21]

In popular culture

A non-fiction book titled Aruna's Story was written about the case by Pinki Virani in 1998. Duttakumar Desai wrote the Marathi play Katha Arunachi in 1994–95, which was performed at college level and subsequently staged by Vinay Apte in 2002.[22]

A Gujarati fiction novel, Jad Chetan, was written by popular novelist Harkisan Mehta in 1985 based on Aruna Shanbaug's case.{{Citation needed|date= April 2018}}

Anumol played Aruna in the 2014 Malayalam film Maram Peyyumbol.[23][24]

Aruna's story was also portrayed in the Crime Patrol series of Sony TV.{{Citation needed|date= April 2018}}

Further reading

  • Aruna's Story: the true account of a rape and its aftermath, by Pinki Virani. Viking, 1998 {{ISBN|0140277625}}
  • Arunachi Goshta (Aruna's story) {{mr icon}}, by Pinki Virani, 1998, Translator : Meena Karnik. Mehta Publishing House. 1998 {{ISBN|81-8498-142-2}}

References

1. ^{{cite web|title=Review: Ten Minutes To Hell|url=http://www.outlookindia.com/article/ten-minutes-to-hell/205787|publisher=Outlook India|accessdate=24 May 2015|author=Malavika Karlekar|archive-url=https://web.archive.org/web/20150523142405/http://www.outlookindia.com/article/ten-minutes-to-hell/205787|archive-date=23 May 2015|dead-url=no|df=dmy-all}}
2. ^{{cite news| url=http://www.thehindu.com/news/national/article1516973.ece| title=India joins select nations in legalising "passive euthanasia"| publisher=The Hindu| date=7 March 2011| access-date=11 March 2011| archive-url=https://web.archive.org/web/20110311130458/http://www.thehindu.com/news/national/article1516973.ece| archive-date=11 March 2011| dead-url=no| df=dmy-all}}
3. ^1 {{cite news|title=Aruna Shanbaug: Brain-damaged India nurse dies 42 years after rape|url=https://www.bbc.co.uk/news/world-asia-india-32776897|accessdate=18 May 2015|agency=BBC|publisher=BBC News|archive-url=https://web.archive.org/web/20150518060520/http://www.bbc.co.uk/news/world-asia-india-32776897|archive-date=18 May 2015|dead-url=no|df=dmy-all}}
4. ^{{cite news|title=Raped Indian nurse dies after 42 years in coma|url=https://www.theguardian.com/world/2015/may/18/raped-indian-nurse-dies-after-42-years-in-coma|accessdate=18 May 2015|agency=Associated Press|publisher=The Guardian|archive-url=https://web.archive.org/web/20150519085225/http://www.theguardian.com/world/2015/may/18/raped-indian-nurse-dies-after-42-years-in-coma|archive-date=19 May 2015|dead-url=no|df=dmy-all}}
5. ^1 {{cite news|title=1973 Sexual Assault Victim Aruna Shanbaug passes away in Mumbai|url=http://news.biharprabha.com/2015/05/1973-sexual-assault-victim-aruna-shanbaug-passes-away-in-mumbai/|accessdate=18 May 2015|publisher=news.biharprabha.com|date=18 May 2015|archive-url=https://web.archive.org/web/20150518095941/http://news.biharprabha.com/2015/05/1973-sexual-assault-victim-aruna-shanbaug-passes-away-in-mumbai/|archive-date=18 May 2015|dead-url=no|df=dmy-all}}
6. ^{{cite news | title=KEM nurses, dean celebrate Aruna Shanbaug's birthday | publisher=Hindustan Times | url=http://www.hindustantimes.com/mumbai/kem-nurses-dean-celebrate-aruna-shanbaug-s-birthday-/article1-704677.aspx | date=2 June 2011 | accessdate=18 May 2015 | archive-url=https://web.archive.org/web/20150518185728/http://www.hindustantimes.com/mumbai/kem-nurses-dean-celebrate-aruna-shanbaug-s-birthday-/article1-704677.aspx | archive-date=18 May 2015 | dead-url=no | df=dmy-all }}
7. ^{{cite news| title=KEM Hospital celebrates Aruna Shanbaug's 64th birthday| newspaper=The Times of India| url=http://timesofindia.indiatimes.com/city/mumbai/KEM-Hospital-celebrates-Aruna-Shanbaugs-64th-birthday/articleshow/13712413.cms| date=2 June 2012| accessdate=18 May 2015| archive-url=https://web.archive.org/web/20170110140848/http://timesofindia.indiatimes.com/city/mumbai/KEM-Hospital-celebrates-Aruna-Shanbaugs-64th-birthday/articleshow/13712413.cms| archive-date=10 January 2017| dead-url=no| df=dmy-all}}
8. ^{{cite news | title=KEM celebrates Aruna Shanbaug's 65th birthday | publisher=DNA India | url=http://www.dnaindia.com/mumbai/report-kem-celebrates-aruna-shanbaugs-65th-birthday-1842559|date=2 June 2013|accessdate=18 May 2015}}
9. ^1 {{cite news |title=Rebirth for Aruna, say joyous Mumbai hospital staff |url=http://www.deccanherald.com/content/143798/rebirth-aruna-say-joyous-mumbai.html |publisher=Deccan Herald |date=7 March 2011 |access-date=11 March 2011 |archive-url=https://web.archive.org/web/20110628191521/http://www.deccanherald.com/content/143798/rebirth-aruna-say-joyous-mumbai.html |archive-date=28 June 2011 |dead-url=no |df=dmy-all }}
10. ^{{Cite web|url = http://onelawstreet.com/2011/03/aruna-ramchandra-shanbaug-v-union-of-india-2011-4-scc-454-ethanasia-case/|title = Aruna Ramchandra Shanbaug v. Union Of India [2011 (4) SCC 454] (Euthanasia case)|date = 7 March 2011|accessdate = 18 May 2015|website = 1, Law Street|publisher = Supreme Court of India|last = |first = |archive-url = https://web.archive.org/web/20150519121131/http://onelawstreet.com/2011/03/aruna-ramchandra-shanbaug-v-union-of-india-2011-4-scc-454-ethanasia-case/|archive-date = 19 May 2015|dead-url = no|df = dmy-all}}
11. ^1 2 3 4 5 {{cite web |author=Chatterjee, Pritha |url=http://indianexpress.com/article/india/india-others/kem-nurse-aruna-shanbaugs-assailant-is-alive-tired-of-memories-i-want-to-die/99/ |title=Aruna Shanbaug's assailant is alive. I want to seek forgiveness from her and God, he says |publisher=Indian Express |date=29 May 2015 |accessdate=29 May 2015 |archive-url=https://web.archive.org/web/20150530093751/http://indianexpress.com/article/india/india-others/kem-nurse-aruna-shanbaugs-assailant-is-alive-tired-of-memories-i-want-to-die/99/ |archive-date=30 May 2015 |dead-url=no |df=dmy-all }}
12. ^{{cite news |title=India court admits plea to end life of rape victim |url=http://news.bbc.co.uk/2/hi/8417549.stm |publisher=BBC News, Delhi |date=17 December 2009 |access-date=11 March 2011 |archive-url=https://web.archive.org/web/20110313173950/http://news.bbc.co.uk/2/hi/8417549.stm |archive-date=13 March 2011 |dead-url=no |df=dmy-all }}
13. ^{{cite news |title=Judges consider comatose rape victim's right to die |url=http://www.timesonline.co.uk/tol/news/world/asia/article6960935.ece |publisher=The Times |date=18 December 2009 |access-date=11 March 2011 |archive-url=https://web.archive.org/web/20110629135828/http://www.timesonline.co.uk/tol/news/world/asia/article6960935.ece |archive-date=29 June 2011 |dead-url=no |df=dmy-all }}
14. ^{{cite news|title=Team to look into Euthanasia plea|url=http://articles.timesofindia.indiatimes.com/2011-01-25/mumbai/28378869_1_euthanasia-plea-hospital-bed-condition|publisher=Times Of India|date=2011-01-25}}
15. ^{{cite news|title='Aruna Shanbaug's brain shrivelled after 1973 sexual assault'|url=http://articles.timesofindia.indiatimes.com/2011-02-28/india/28641570_1_aruna-ramachandra-shanbaug-human-brain-pinki-virani|publisher=The Times of India|date=28 Feb 2011|access-date=11 March 2011|archive-url=https://archive.is/20120701145609/http://articles.timesofindia.indiatimes.com/2011-02-28/india/28641570_1_aruna-ramachandra-shanbaug-human-brain-pinki-virani|archive-date=1 July 2012|dead-url=no|df=dmy-all}}
16. ^{{Cite newspaper|url=https://www.bbc.co.uk/news/world-south-asia-12662124|title=India court rejects Aruna Shanbaug euthanasia plea|journal=BBC News|date=7 March 2011|accessdate=8 March 2011| archiveurl= https://web.archive.org/web/20110307152311/http://www.bbc.co.uk/news/world-south-asia-12662124| archivedate= 7 March 2011 | deadurl= no}}
17. ^{{cite web|url=http://www.latimes.com/news/nationworld/world/la-fg-india-euthanasia-20110308,0,1497102.story|title=India's Supreme Court lays out euthanasia guidelines|publisher=LA Times|date=8 March 2011|accessdate=8 March 2011}}
18. ^1 {{cite web|url= http://www.supremecourtofindia.nic.in/outtoday/wr1152009.pdf|title= Supreme Court decision on Aruna Ramachandra Shanbaug versus Union of India|accessdate= 11 September 2016|publisher= Supreme Court of India|archive-url= https://web.archive.org/web/20170110142938/http://www.supremecourtofindia.nic.in/outtoday/wr1152009.pdf|archive-date= 10 January 2017|dead-url= yes|df= dmy-all}}
19. ^{{Cite web|url = http://onelawstreet.com/2014/02/common-cause-a-regd-society-v-union-of-india-2014-5-scc-338-euthanasia-reference-to-constitution-bench/|title = Common Cause (A Regd. Society) v. Union of India – (2014) 5 SCC 338 [Euthanasia reference to Constitution Bench]|date = 24 February 2014|accessdate = 18 May 2015|website = 1, Law Street|publisher = Supreme Court of India|last = |first = |archive-url = https://web.archive.org/web/20150519074047/http://onelawstreet.com/2014/02/common-cause-a-regd-society-v-union-of-india-2014-5-scc-338-euthanasia-reference-to-constitution-bench/|archive-date = 19 May 2015|dead-url = no|df = dmy-all}}
20. ^{{cite news |title='Because of Aruna, no one else will have to suffer' |url=http://www.hindustantimes.com/Thanks-to-Aruna-others-won-t-suffer-Pinki-Virani/Article1-670476.aspx |publisher=Hindustan Times |date=7 March 2011 |access-date=11 March 2011 |archive-url=https://web.archive.org/web/20110310060344/http://www.hindustantimes.com/Thanks-to-Aruna-others-won-t-suffer-Pinki-Virani/Article1-670476.aspx |archive-date=10 March 2011 |dead-url=no |df=dmy-all }}
21. ^{{cite news|title=Funeral of Aruna Shanbaug performed at KEM Hospital in Mumbai|url=http://news.biharprabha.com/2015/05/last-rites-of-aruna-shanbaug-performed-at-kem-hospital-in-mumbai/|accessdate=18 May 2015|publisher=news.biharprabha.com|date=18 May 2015|archive-url=https://web.archive.org/web/20150521030937/http://news.biharprabha.com/2015/05/last-rites-of-aruna-shanbaug-performed-at-kem-hospital-in-mumbai/|archive-date=21 May 2015|dead-url=no|df=dmy-all}}
22. ^{{cite news |title=Aruna's story is now a play at Sahitya Sangh |url=http://cities.expressindia.com/fullstory.php?newsid=13717 |publisher=Indian Express |date=3 April 2002 }}{{Dead link|date=February 2019 |bot=InternetArchiveBot |fix-attempted=yes }}
23. ^{{cite web|url=http://articles.timesofindia.indiatimes.com/2013-02-13/news-and-interviews/37059300_1_aruna-shanbaug-pinki-virani-passive-euthanasia |title=Now, a film on rape victim Aruna Shanbaug's life |publisher=The Times of India |date= |accessdate=2013-05-27}}
24. ^{{cite web |author=deepu says: |url=http://www.dcbooks.com/gauthami-nair-as-aruna-shanbaug-in-maram-peyyumpol.html |title=Gauthami Nair as Aruna Shanbaug in maram peyyumpol |publisher=Dcbooks.com |date= |accessdate=2013-05-27 |archive-url=https://web.archive.org/web/20160304063919/http://www.dcbooks.com/gauthami-nair-as-aruna-shanbaug-in-maram-peyyumpol.html |archive-date=4 March 2016 |dead-url=yes |df=dmy-all }}
25. ^1 {{cite news|url=http://articles.timesofindia.indiatimes.com/2003-09-10/delhi/27217088_1_delhi-hospital-mumbai-hospital-kem-hospital|title=Aruna is still on our conscience|last=Virani|first=Pinki|date=2003-09-10|publisher=The Times of India}}
26. ^1 {{cite news|url=http://articles.timesofindia.indiatimes.com/2006-05-07/special-report/27825117_1_child-marriage-caste-medical-report|title=Four women India forgot|last=Kurup|first=Saira|date=2006-05-07|publisher=The Times of India|accessdate=2009-10-25}}
27. ^1 {{cite news|url=https://www.bbc.com/news/world-asia-india-20907755|title=The rapes that India forgot|last=|first=|date=2013-01-05|publisher=BBC News|accessdate=2015-05-18|archive-url=https://web.archive.org/web/20180323203138/http://www.bbc.com/news/world-asia-india-20907755|archive-date=23 March 2018|dead-url=no|df=dmy-all}}
28. ^1 {{cite journal|url=http://www.hinduonnet.com/fline/fl1513/15130740.htm|title=A cautionary tale|last=Surya|first=Vasantha|date=20 June 1998|journal=Frontline Magazine|volume=15|issue=13|accessdate=2015-01-22| archiveurl= https://web.archive.org/web/20091125043328/http://www.hinduonnet.com/fline/fl1513/15130740.htm| archivedate= 25 November 2009 | deadurl= no}}
29. ^{{cite web|url=http://www.chowk.com/articles/4939|title=Yet Another South Asian Story|last=Nambiar|first=Harish|date=2000-11-20|work=chowk|publisher=Chowk (blog)|accessdate=2009-10-25|archiveurl=https://web.archive.org/web/20100211060041/http://chowk.com/articles/4939|archivedate=2010-02-11}}
30. ^1 {{cite news|url=http://articles.timesofindia.indiatimes.com/2011-03-08/mumbai/28668057_1_aruna-shanbaug-sc-reserves-judgment-kem|title=Aruna Shanbaug: Timeline|date=2011-03-08|publisher=Times of India}}
[25][26][27][28]

[30]
}}

External links

  • Court ruling, Aruna Shanbaug vs. Union of India, 7 March 2011 at Supreme Court of India
  • Pinki Virani's Interview - 13 June 2008
  • {{cite news |title=India court admits plea to end life of rape victim|url=http://news.bbc.co.uk/2/hi/8417549.stm |publisher=BBC News, Delhi |date=17 December 2009 }}
  • {{cite news |title=Aruna Shanbaug case: Supreme Court rejects euthanasia plea|url=http://www.ndtv.com/article/india/aruna-shanbaug-case-supreme-court-rejects-euthanasia-plea-89894 |publisher=NDTV |date=7 March 2011}}
{{Medical ethics cases}}{{Rape in India}}{{Authority control}}{{DEFAULTSORT:Shanbaug, Aruna}}

18 : 1948 births|1973 crimes in India|2011 in case law|2011 in India|2015 deaths|Crime in Mumbai|Health law in India|Indian case law|Indian Hindus|Indian nurses|Medical controversies in India|Rape in India|Violence against women in India|Deaths from pneumonia|Incidents of violence against women|People with hypoxic and ischemic brain injuries|People with disorders of consciousness|People from Uttara Kannada
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