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Her day starts and ends at metal bed of ward no. 4 in Mumbai’s KEM hospital. The cold metal bed has been the center of her life since 1973. Her teeth have decayed, her bones have become brittle, wrists have twisted inwards, and fingers have bent at the joints and fisted into the palms. Mashed food is being administered through the throat to keep her alive. It was not as if she never had a different life. Her world crumbled on Nov,1973, for no fault of hers – Ms Aruna Shanbaug, a victim of lust, crippled for life.
And even more, the bastard who is responsible for her such condition was never charged for rape. But instead got only 7 years of imprisonment for attempting to murder and robing Ms Aruna. Just a mere 7 years of punishment for making someone go through a hell for last 36 years and may be some more years ahead … the equation simply doesn’t match … thats totally insane. This is one of those absurd instances of Indian Judicial system, where I feel the brutal system of execution like in some islamic countries for such bastards is totally justified. Our judicial system couldn’t even provide her a ‘natural justice’ but now judiciary can atleast let her sleep in peace.
I really had to fight hard not to shed my tears when I read this whole incidence in today’s newspaper. I agree life is never fair to us, but atleast we are ‘living a life’. It may be sometimes – enjoyment or sufferings, joy or sorrows, celebrations or struggle – but all of this together makes life as – “Life“. But think of a person who has been only breathing in and out in the same state for past 36 years – without saying anything, without listening anything, without feeling anything. Doctors call her brain-dead or in a vegetative state. It is to the credit of the hospital authorities that they look after her and bear all the expenses entailed in her upkeep, especially because she was on duty when the incident happened which transformed her life forever. Compared to this, Aruna Shanbag’s middle-class family gave up on her after some time when it became clear that there was no hope for Aruna’s revival. Likewise, her fiancee who was a doctor and had been engaged to the pretty Aruna too gave up after sometime, realizing the futility of waiting for her recovery. But it goes to his credit that for a very long time he would visit her regularly every evening, sit besides her and talk to her even though she was in no position to hear or even respond to him.
Supreme Court (SC) says that under the law of the country, we cannot allow a person to die. Because there is nothing like ‘Right to Death’ in our constitution and even if they declared it as a fundamental right, what would and whose would be the complementary fundamental duty. Fine, for a moment I accept their argument … but there is ‘Right to Dignified Life’ enshrined in article 21 of our constitution …. isn’t it the SC’s responsibility under article 32 of our constitution to implement an individual’s fundamental right as soon as possible. So if it can’t allow her to die, can SC implement her fundamental right of dignified life for her ??? No .. Supreme court can’t do that. She is living a disgraceful life .. even the usage of word ‘living’ doesn’t seem to be correct for her !! The continued vegetative existence of Aruna is a violation of her right to live with dignity. In other words, she has a right to not be in this kind of sub-human condition. If she can’t be provided with a dignified life, at least let her have a dignified death !!
And even if I assume that the next morning a miracle happens and she wakes up all ‘normal’ next morning – what would she find – the trauma of that fateful night which would be as if it happened yesterday for her. How would she face so many question arising to her ? Who can give her back those 36 years? What would be her future? And more so how would she feel when she’ll come to know that the bastard, who is responsible for her such condition was not even charged for the crime he did and he’s still living freely out there … probably she would choose to go back to her vegetative state again !!
I came across the views of Mahatma Gandhi, which he expressed in the Gujarati weekly Navjivan in October 1928. The killing of an ailing calf in Sabarmati Ashram, at Gandhi’s instance, had caused much commotion, and he had received some angry letters on the subject. The following is an extract from his long response. “A calf, having been maimed, lay in agony in the ashram and despite all possible treatment and nursing, the surgeon declared the case to be past help and hope. The animal’s suffering was very acute. In the circumstances, I felt that humanity demanded that the agony should be ended by ending life itself. The matter was placed before the whole ashram. Finally, in all humility but with the cleanest of convictions I got in my presence a doctor to administer the calf a quietus by means of a poison injection , and the whole thing was over in less than two minutes. Would I like it to be applied in my own case? My reply is yes.”
If we can accept the death penalty for ‘rarest of the rare’ cases, why can’t we allow euthanasia for ‘rarest of the rare’ cases. In such cases, along with judges of apex court, there should be a panel comprising of treating doctors,human right thinkers & attendants of patient. The essence of human life is to be able to live a dignified life but when some law forces you to live in intense pain and humiliation, there is something wrong with our society. Who are we to prolong the life of one who is suffering and has decided without any undue pressure that he would like to be put to rest? Obviously legalization of euthanasia should not include anyone wanting to end their life at the flimsiest of excuses but a patient should be allowed to decide when he has suffered enough. After all as an individual, you decide where to marry, you decide where to work, and at the last hurdle of your life, you should be allowed to choose how do you want to end your life.
If SC allows euthanasia in this case, which is till now illegal in our country, it would be a landmark decision. Euthanasia could be legalized, but the laws would have to be very stringent. Every case will have to be carefully monitored taking into consideration the point of views of the patient, the relatives and the doctors. But whether Indian society is mature enough to face this, after all it’s a matter of life and death, is yet to be seen.
Hindu mythology says that whatever happens to us in our life is a result of our ‘karmas‘ in our past lives. So even if there was something wrong which Aruna had done in her past lives, its time to end her ordeal. God, its been quite a long time now, 36 years have been passed, please call her into Your arms !!
P. S. – Upholding the distinction between active euthanasia, which involves taking specific steps such as injecting a person with a lethal substance, and passive euthanasia, which is withdrawing medical treatment with the knowledge that it will cause death, the court has held that the latter is permissible in exceptional circumstances — for example, when a patient is kept alive purely mechanically and when he or she is “only able to sustain involuntary functioning through advanced medical technology.” Citing a slew of international case laws on the subject, the Supreme Court has laid down a strict framework for the procedure to be adopted for non-voluntary passive euthanasia until suitable legislation is in place. All mercy-killing pleas should be heard by a two-member bench of the appropriate High Court and decisions may be taken only after seeking medical opinion from three empanelled doctors, who must examine the patient, his or her medical records, and also get the views of the hospital staff.
