All India Bar Examination (AIBE) 5-V Previous Year Question Papers with Answers

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46.

“Passive Euthanasia is permitted in certain cases” – held in

A: Aruna Ramachandra Shanbaug Vs. Union of India
B: GianKaur Vs. State of Punjab
C: P. Rathinam Vs. Union of Punjab
D: State of Maharashtra Vs. Chandraben

The answer is: A

Explanation

The correct option is A. Aruna Ramachandra Shanbaug Vs. Union of India.

This is the case in which the Supreme Court of India, in 2011, held that passive euthanasia is permitted in certain cases, under strict guidelines and supervision of the court. The court also recognized the concept of a 'living will', which is a document that allows a person to express his or her wishes regarding medical treatment in advance, in case he or she becomes terminally ill or incapacitated.

The court was dealing with the petition of a nurse, Aruna Shanbaug, who had been in a persistent vegetative state for 37 years after being brutally assaulted and raped by a ward boy in 1973. The court allowed the hospital staff, who had been taking care of her, to withdraw life support if they wished to do so, but they refused to do so out of compassion and attachment.

The court also laid down the procedure for allowing passive euthanasia in other cases, such as obtaining the consent of the patient's relatives or next friend, forming a medical board to examine the condition of the patient, and seeking the approval of the high court concerned.

This judgment was later affirmed and modified by another landmark judgment in 2018, Common Cause (A Regd. Society) v. Union of India & Anr., in which the Supreme Court declared the right to die with dignity as a fundamental right under Article 21 of the Constitution, and issued comprehensive guidelines for giving effect to living wills and passive euthanasia.