Mumbai:
The Supreme Court today rejected Aruna Shanbaug's euthanasia plea. It had been filed by writer Pinki Virani.
Virani in her plea had said that Shanbaug should no longer be fed because keeping her alive violates her right to live with dignity. Her argument is that Aruna can't speak, hear or even think for herself. The writer has even written a book on her.
The former nurse at Mumbai's KEM hospital has been in a vegetative state for 37 years after being attacked by a ward boy.
''This is not a life according to us, and that is the question we are posing to the court, to define what is the medico-legal definition of death, whether this is life or this is death," said Subhangi Tulli, Pinki Virani's lawyer.
Aruna's condition, doctors on a Supreme Court appointed panel say, will never improve.
But on Wednesday they pointed out in court that unless her caregivers, the nurses at KEM, are unwilling to look after her, a life or death decision would not be fair.
Especially since Aruna is unable to participate in that decision.
''There is no improvement in Aruna's condition, but who can decide how much she's suffering?" said Dr. Roop Gursahani, Supreme Court-appointed doctor.
The tragedy dates back to 1973; sister Aruna had finished her shift at the hospital and was in the basement getting ready to go home.
Lying in wait, was hospital sweeper, Sohanlal Walmiki, who she had pulled up a few times for stealing food meant for hospital animals.
He choked Aruna with a dog chain, and then sodomised her. 11 hours later, Aruna was found unconscious.
The chain around her neck had cut off oxygen supply to her brain damaging vital functions like sight, memory and normal movement.
Aruna's family abandoned her when it became apparent she would never recover; not the KEM nurses who looked after her through the years fiercely resisting all attempts to move her out.
(Read: Aruna Shanbaug's caretakers won't let her go)''I was associated with her care for almost 10 years when I was working for KEM. Nurses used to take care: cleaning, feeding, changing her clothes and while doing that not mechanically, talking, because she was one of their colleagues also. And even when while trying to clean her mouth, by chance, she will bite the finger. She loved fish and mangoes," said Dr. Pragna Pai, Former Dean, KEM Hospital.
The care came in for special praise from the Supreme Court which said: "There is not a single bedsore on Aruna despite lying in bed for 37 years. It's marvellous."
The bench went on to add: "The doctors may be hand-in-glove with relatives to kill patients. Medical ethics have reduced. So the judiciary must be there."
Aruna Shanbaug is at the centre of the euthanasia debate.
The Indian courts have so far not ruled in favour of euthanasia fearing possible misuse.
It is this that her caregivers are counting on as the verdict approaches
''They have not even catheterized her. Each time she passes urine, they will change. So this kind of love and commitment the entire staff has exhibited," said Dr. Sanjay Oak, Dean KEM Hospital.