Justice denied, yet victorious: Aruna Shaunbaug

Not too late after the movie Guzaarish brought the topic of Euthanasia (mercy killing or Physician Assisted Suicide (PAS)) into limelight, the case of Aruna Shanbaug resurfaced adding a spark to the debate. In layman's terminology, Euthanasia is the bringing about of the gentle death of a patient in the case of a painful, chronic and incurable disease. Now, those who argue about Euthanasia allow equal importance to all these adjectives. A painful disease is one in which the patient suffers unbearable and excruciating pain. A chronic disease is a long lasting one and an incurable disease is one whose cure has not been found till date.

For the uninitiated, Aruna Shaunbaug was a nurse at Mumbai's King Edward Memorial (KEM) Hospital who was a victim of a brutal sexual attack 37 years ago. On the night of 27th November 1973, Aruna's, then a 25 yr old pretty, bubbly girl, dreaming of marrying her fiance - a young doctor colleague, world was shattered when Sohanlal Bhartha Walmiki, a ward boy, who resented being castigated by Aruna for his misdemeanors, decided to extract a cold blooded revenge. He attacked her one night in the hospital basement as she was changing out of her uniform before going home. He tied a dog chain round her neck, choking her, cutting off the blood supply to her brain and sodomized her. Then he left her lying there and went away, but not before robbing her of her earrings. Next day, Aruna was discovered by a cleaner, unconscious, lying in a pool of blood. It was then realised that the assault and resulting asphyxiation with the dog chain had left her cortically blind, speechless and paralysed due to a brain stem and cervical cord injury. Since that fateful day, Aruna has been lying in an irreversible vegetative state. Her own family and her fiance gave up on her and for these 37 years, she has been kept alive and cared for by the nurses at the KEM hospital. She faded from public memory untill 1998, when journalist Pinki Virani wrote 'Aruna's Story', a book that brought her back into the public consciousness.

Now, having heard about this case, I was also curious as to know what happened to the ward boy who has been responsible for bringing a beautiful and charming junior nurse to this despicable condition. A simple google search was enough to find out that the devil, whose momentary "pleasure" ruined the life of this girl, actually got away without even being charged for "rape". The police case was registered as a case of robbery and attempted murder on account of the concealment of anal rape by the doctors, perhaps to avoid the social rejection of the victim, and her impending marriage. Walmiki was caught and convicted, and served seven-year sentence for assault and robbery, not for rape or sexual molestation, nor for the "unnatural sexual offence" (which could have got him a ten-year sentence by itself). He got just 7 years of sentence while his victim got 37 years of agony and counting.

I feel disgust for this man from deepest cores of my heart and I wonder if guilt is even allowing him to lead a normal life. For certainly, life is not normal for 61 year old Aruna. She deserved a normal life: marriage, kids, old age, grandkids, etc. which obviously did not happen due to this one man. However, even though she was denied justice, Aruna has been victorious. She might not know about it, being in a persistent vegetative state and unable to communicate in any manner, but she was responsible in making life a bit easier for other nurses. Following the attack, nurses in Mumbai went on strike demanding improved conditions for Shanbaug and better working conditions for themselves, which were granted to them.

Now, coming to the issue being debated today. Pinki Virani, on Aruna's behalf, filed a plea with the Supreme Court of India to end Aruna's life and requested that the hospital be asked to stop force-feeding Aruna to allow her to "die with dignity". The plea was admitted in the Supreme Court in December 2009. The plea was opposed strongly by the doctors and nurses at the KEM hospital as well the Indian government. On 24th January 2011, after she had been in this status for 37 years, the Supreme Court of India responded to the plea by setting up a medical panel to examine her. Though the medical panel admitted in its report that the chances of Aruna coming out of this painful, comatose condition are very low, the court turned down the mercy killing petition on 7th March, 2011. However in its landmark judgment, it allowed passive euthanasia in India. "Active euthanasia is illegal," the judges ruled on Monday, but added: "Passive euthanasia is permissible under certain conditions, but it should be done under the supervision of the High Court." This is yet again a victory for patiets like Aruna. Though for Aruna, the courts answer is in the negetive. For to be considered, the plea should be filed by the people taking care of the patient suffering from this extreme and painful conditions. In Aruna's case, the plea was actually opposed strongly by the doctors and nurses at the KEM hospital as well the Indian government.

Aruna lost the case and her caretakers distributed sweets for her "re-birth". However, in a first step towards legalising euthanasia, The Law Commission of India, Ministry of Law and Justice has decided to recommend to the Indian Government to allow terminally ill to end their lives. On 7th March, 2011, the government said a serious debate was needed on the issue of euthanasia as there were no laws at present on it in the country. Then again, it needs to be ensured that the law is not misused for killing people.

Now, why am I calling it a victory? For I do believe in allowing Euthanasia on a case-by-case basis. In Aruna's case, my answer is a big "Yes". (Let me mention here, that my answer was not that confident a "Yes" in case of Ethan Mascrenhas in Guzaarish for even though there could be no doubt as to the suffering of Ethan, he was a jolly natured person who spread happiness, joy and hope. But, Aruna's suffereing is hidden from none.) Such painful existence is worse than death. Every person has a right to live. Even the opponents of Euthanasia would agree with me on that. But, if a person has a right to live, he/she has a right to live with dignity, he/she has a right to live with respect and honour. And, as a corollary, if a person has a right on his/her life, he/she has a right on his/her death. He/she has a right to choose if life is becoming a burden, the mode of putting an end to the same. He/she has a right to choose to die if his/her life is becoming the albatross on his/her neck. Every person has a right to die with dignity. So does Aruna. Then, again, my argument should not be taken to mean that suicides should also be allowed. I only mean to say that when there are valid and established reasons to believe that the person seeking death has no hope of a normal dignified life, he/she sould be allowed to rest in peace. Life has to be meaningful, whether sick or healthy, a person has the right to know and understand that he/she is alive and for this reason. When there is no such knowledge or understanding, the person can choose to leave life and rise to peace.

Now that a well-known person, a celebrity like Hrithik Roshan has spoken in favour of Aruna, let's just hope that the public understands the concern better and come out in support of Aruna. Till then we can only pray for her.

Happy Women's Day!

You can do almost anything you put your mind to... You can swim the deepest ocean and climb the highest peak... Be a doctor or fly a plane... You can face adversity and still walk tall... You are strong, beautiful, compassionate and much more than words could ever say!


Today is yours, and so is ever other day.

Happy Women's Day!