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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

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