Aruna Shanbaug vs Union of India
AIR 2011 SC 1290
Case Summary
[Fundamental Rights]
[Right to Die]
FACTS
Aruna Shanbaug, a nurse in a Mumbai hospital, was assaulted in 1973, leaving her in a permanent vegetative state (PVS) for 37 years. In 2011, a petition for euthanasia was filed by Pinki Virani, arguing that Aruna’s suffering, with no hope of recovery, violated her right to life under Article 21. The petition sought permission to end her life peacefully, citing her condition as “death in life.”
LEGAL PROVISION
Article 21 of the Constitution (Right to life and personal liberty)
Section 309, IPC (Attempt to commit suicide)
JUDGMENT
The Supreme Court ruled against granting euthanasia but allowed for passive euthanasia under strict guidelines. It recognized that the right to die with dignity could be part of Article 21, and set up a process where a person in a persistent vegetative state could be allowed to die if there was medical consensus that recovery was impossible. While it did not approve active euthanasia, the case marked a significant shift in India’s approach to end-of-life care. It underscored the tension between individual autonomy and medical ethics.
VIKAS MEENA
2ND YEAR
RAJASTHAN UNIVERSITY
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