About | HeinOnline Law Journal Library | HeinOnline Law Journal Library | HeinOnline

LOG IN
LOG IN


5 Issue 1 Indian J.L. & Legal Rsch. 1 (2023)
Case Analysis: Aruna Ramchandra Shanbaug v Union of India, 2011

handle is hein.journals/injlolw10 and id is 1055 raw text is: Indian Journal of Law and Legal Research CASE ANALYSIS: ARUNA RAMCHANDRA SHANBAUG V UNION OF INDIA, 2011 Somoshri Banerjee, LLM (Pursuing), Jogesh Chandra Chaudhuri Law College, Kolkata Death must be so beautiful. To lie in the soft brown earth, with the grasses waving above one's head, and listen to silence. To have no yesterday, and no tomorrow. To forget time, to forgive life, to be at peace. Oscar Wilde Supreme Court of India (March 7, 2011) Citation: (2011) 4 SCC 454 Introduction: The word 'Euthanasia' originates from two Greek words 'eu' means good and 'thanatos' means death. Therefore, the term 'Euthanasia' means 'good death' or 'mercy killing'. The case of Aruna Shanbaug v Union of India2 may be considered as one of the landmark judgments on euthanasia or mercy killing. The honorable Apex Court on March 7, 2011 delivered a judgement legalizing passive euthanasia thereby concluding 'Right to Die' as a derivative of Article 21 i.e 'Right to Life'. Certain conditions may arise where death becomes more comfortable than survival. This case served as a stimulus in order to alter regulations relating to euthanasia. Euthanasia may be regarded as one of the greatest predicaments faced by the entire world. The same difficulty was faced by the Apex Court in the instant case and it felt like a ship without a rudder thereby seeking guidance from the judicial pronouncements and legislations of the other countries and from the submissions put forth by the learned counsels. This case is a writ petition under Article 32 of the Constitution of India and it was filed on behalf of Aruna Ramchandra Shanbaug(petitioner) by Ms. Pinki Virani from Mumbai who is by profession a journalist and by passion a human rights activist. MS. Pinki Virani claimed herself to be Ms. Aruna Shanbaug's 'next friend'. In this landmark case, the Apex Court 1 QuotesGeeks.com, https://www.quotesgeeks.com/oscar-wilde-quotes-about-death/ (last visited Mar 21,2023,2.37 P.M) 2 Aruna Ramchandra Shanbaug v Union of India, (2011) 4 SCC 454 Page: 1 Volume V Issue I I ISSN: 2582-8878