NEW DELHI: Faced with the vexed question of permitting "Euthanasia" (mercy killing)of a rape victim virtually brain dead for the past 36 years, the Supreme Court on Monday sought the Attorney General's response on the tricky issue as it is not legalised in the country.
A bench of justices Markandeya Katju and Gyan Sudha Mishra also appointed a three-member doctors' team to examine the victim Aruna Ramachandra Shanbaug and submit a detailed joint report to it by the next date of hearing.
"Euthanasia is one of the most perplexing issues which the courts and legislatures all over the world are facing today. This court, in this case, is facing the same issue and we feel like a ship in an unchartered sea, seeking some guidance by the light thrown by the legislations and judicial precedents of foreign countries," the bench said in an order.
The bench made the remarks on a petition filed by Pinki Virani, a writer, and her friend who brought to the court's attention the pitiable state of the victim languishing in Mumbai's King Edward Memorial (KEM)Hospital and pleaded that Aruna be allowed to die peacefully by withdrawing the food being supplied to her forcibly.
The three-member doctors' team would comprise J V Divatia, Head, Department of Anesthesia, Critical Care and Pain at Tata Memorial Hospital, Mumbai, Roop Gursahani, Consultant Neurologist at P.D. Hinduja Hospital, Mumbai, and Nilesh Shah, Head, Department of Psychiatry at Lokmanya Tilak Municipal Corporation Medical College and General Hospital.
The bench also appointed senior advocate T R Andhyarujina as an amicus curiae (friend of the court) to assist on the issue.
"The question of locus standi of the next friend of the petitioner to move this petition shall also be considered on the date fixed," the bench said in the order.
Hence, Pinki urged the apex court to direct the hospital authorities to stop feeding Aruna and let her die.
The apex court had ssued a notice to the Centre and others on December 16, 2009, but only Mumbai Municipal Corporation and the Dean, KEM Hospital, have filed the responses.
The affidavit of Amar Ramaji Pazare, Professor and Head in the Hospital, said Aruna accepts the food in normal course and responds by facial expressions.
She responds to commands intermittently by making sounds. She makes sounds when she has to pass stool and urine which the nursing staff identifies and attends to by leading her to the toilet.
The bench requested the Bombay High Court and the state government to render all possible assistance to the team.