Mumbai Nurse Aruna Shanbaug Dies After 42-year Coma That Followed her Rape

[ayesha.a]

Wow ! Earlier India just had problem of filth and open dustbins and polybags flying all beside the road and now there's one more reason for not coming to India.

Because you are afraid of being anally raped? Then you might want to check out rape statistics for the USA. If you really are American, that is.

Stop using tragic incidents like this to take potshots.

 

[punit]

I am sure even in 1973 the accused used to prosecuted on the basis of facts ascertained through investigations. As for as I know the charges pressed by complainant unless ascertained aren't the basis for criminal or any trial. What one registers in FIR is not necessarily the actual case. That said, what hospital pressed and what it didn't shouldn't have been the the criteria. The prosecution is not merely a group of some lawyers meant to conduct legal proceedings on behalf of the state, it's an institution and there's a constitutional relationship between prosecution and investigation. Poor lady was molested and violator got away because hospital didn't press rape charges.

i admit it was a major fck up.here is something from wiki :
The police case was registered as a case of robbery and attempted murder on account of the concealment of anal rape by the doctors under the instructions of the Dean of KEM, Dr. Deshpande, perhaps to avoid the social rejection of the victim,[14] and her impending marriage.

 

[anant_s]

Actually, the hospital only sued the rapist for assault and robbery, out of consideration for the victim. She was young, about to be married, and the hospital did not want her to face social stigma.

Well ayesha if you consider the state of victim and the life she had to spend (on support of others), (sorry for wrong choice of words), but she was no better than a dead person. She lost her dream, life and everything else, and for her medical condition, Hospital management should've known, that she has nothing to loose.
In these circumstances, Rape charges should've been pressed and strictest punishment meted out to the beast who led to her condition.
It wouldn't have made any difference to Aruna, but atleast made out an example for others than such a wrong doing and ruining an innocent life will lead to harshest possible punishment.
@levina Your thoughts and views required here.

 

[doppelganger]

RIP to the lady. I had tears in my eyes.

 

[24 Hours]

RIP
42 years in a coma
While the man who did it only got 7 years in jail

 

[Levina]

Well ayesha if you consider the state of victim and the life she had to spend (on support of others), (sorry for wrong choice of words), but she was no better than a dead person. She lost her dream, life and everything else, and for her medical condition, Hospital management should've known, that she has nothing to loose.
In these circumstances, Rape charges should've been pressed and strictest punishment meted out to the beast who led to her condition.
It wouldn't have made any difference to Aruna, but atleast made out an example for others than such a wrong doing and ruining an innocent life will lead to harshest possible punishment.
@levina Your thoughts and views required here.

I would 've preferred to die rather than living for 42 years in a vegetative state.
Aruna shanbaug had to be in vegetative state for 4 decades, and life(as we know it) might not have existed for her.
It takes an iota of common sense after an year or two's sustained medical intervention that the patient might remain in the same vegetative state forever. Our judicial system should 've made an exception and allowed her to die. Passive euthanasia was definitely not a solution as she survived for 4 more years after the law was passed.
Now for the animal, who sodomized her and left her to die, 7 years were too less. And it is so hard to believe that neither the hospital nor the court has his photograph. He is untraceable!!!
The case can be reopened but our govt agencies love playing passing the buck. I'm not sure if reopening the case would help (as Aruna is already dead), but I do want Sohan Lal Walmiki to be traced.

I also want to know if KEM was obstinate about keeping her alive for its own selfish reasons?

 

[anant_s]

I also want to know if KEM was obstinate about keeping her alive for its own selfish reasons?

From what i know from one documentary i saw on her, the nursing staff of KEM was against Euthanasia and the staff took care for entire 42 year ordeal Aruna went through. Not sure management had much of a say in all this but to think that the poor soul spent 42 of her 68 year life in the state she was, is beyond comprehension. I agree that courts must have made an exception in her case based on medical expert advice.

And it is so hard to believe that neither the hospital nor the court has his photograph. He is untraceable!!!

like they say it for many other things, IT HAPPENS ONLY IN INDIA.

 

[Bang Galore]

The case can be reopened but our govt agencies love playing passing the buck. I'm not sure if reopening the case would help (as Aruna is already dead), but I do want Sohan Lal Walmiki to be traced.

Re-opened how? The man served his sentence, what's the point now after 42 years?

 

[Levina]

Re-opened how? The man served his sentence, what's the point now after 42 years?

Read my post again.
I said it can be reopened, but thats not gonna help.

I'm not sure if reopening the case would help (as Aruna is already dead), but I do want Sohan Lal Walmiki to be traced.

 

[Bang Galore]

I agree that courts must have made an exception in her case based on medical expert advice.

Are you suggesting deliberate intervention to cause death? I know there has been the case in the U.S. of Terri Schiavo but in India, this could well open the Pandora's box. We simply don't have the ability to put necessary safeguards and the system can't properly handle the pressures that will be put on it.

 

[anant_s]

Are you suggesting deliberate intervention to cause death?

NO.
I actually referred to the case filed by Pinki Virani on for allowing Supreme court for granting permission of Euthanasia and it was rejected.
In it judgement (Aruna Ramchandra Shanbaug vs Union Of India & Ors on 7 March, 2011) court noted that:
1. Medical condition of the victim was good even though she was in vegetative state.
2. The person in focus is not aware of fact that someone is making a representation for Euthanasia.

Any decision regarding her treatment will have to be taken by a surrogate

3. Since her family abandoned her, the decision for the same can be taken (in her medical condition) by surrogate. It further decided that the person taking care of her is surrogate, ie The Dean of KEM.

The staff of the KEM hospital have looked after her for 37 years, after she was abandoned by her family. We believe that the Dean of the KEM Hospital (representing the staff of hospital) is an appropriate surrogate.

4. If the Hospital staff and management wanted to continue their care of Aruna, their decision must be respected (striking down the case).

If the doctors treating Aruna Shanbaug and the Dean of the KEM Hospital, together acting in the best interest of the patient, feel that life sustaining treatments should continue, their decision should be respected.

5. The decision for Euthanasia can be made only on request of KEM staff.

If the doctors treating Aruna Shanbaug and the Dean of the KEM Hospital, together acting in the best interest of the patient, feel that withholding or withdrawing life-sustaining treatments is the appropriate course of action, they should be allowed to do so, and their actions should not be considered unlawful.

It further noted two more observations. First was medical advice from Dean of KEM indicating that She was NOT in COMA.

It would be incorrect to say that Smt. Aruna Shanbaug is an appropriate case for Coma. It appears that for a crucial, critical period her brain was deprived of Oxygen supply and this has resulted in her present state similar to that of Cerebral Palsy in the newborn child.

Second it was noted by court that KEM staff wanted to continue taking care of Aruna.

Smt. Aruna Ramchandra Shanbaug has been admitted in a single room in Ward No.4 which is a ward of general internal medicine patients and she has been there for last 37 years. She is looked after entirely by doctors, nurses and para-medical staff of KEM Hospital. She has been our staff nurse and the unfortunate tragic incidence has happened with her in KEM Hospital and I must put on record that the entire medical, administrative, nursing and para-medical staff is extremely attached to her and consider her as one of us. Her relatives and a gentleman (her fiancee) used to visit her in the initial period of her illness but subsequently she has been left to the care of KEM staff. I visit her frequently and my last visit to her was on 22nd February, 2011.

As you can see it was KEM's view that led to court turning down the case for Euthanasia.
What i was saying was purely academic from a Human suffering point of view (the one Pinki Viranai put forward to court). The soul had suffered a lot and while there were people (dedicate ones) that took care of her, i don't know if she was in any pain. In these circumstances an equally opposing view (euthanasia) might hold ground.
but in the end (as court's verdict said), the question of ending a human life knowingly can only be answered by two people, the person him/herself or the ones taking care in surrogacy.

PS all quotes from the original judgement.

 

[Bang Galore]

NO.
I actually referred to the case filed by Pinki Virani on for allowing Supreme court for granting permission of Euthanasia and it was rejected.
In it judgement (Aruna Ramchandra Shanbaug vs Union Of India & Ors on 7 March, 2011) court noted that:
1. Medical condition of the victim was good even though she was in vegetative state.
2. The person in focus is not aware of fact that someone is making a representation for Euthanasia.

3. Since her family abandoned her, the decision for the same can be taken (in her medical condition) by surrogate. It further decided that the person taking care of her is surrogate, ie The Dean of KEM.

4. If the Hospital staff and management wanted to continue their care of Aruna, their decision must be respected (striking down the case).

5. The decision for Euthanasia can be made only on request of KEM staff.


It further noted two more observations. First was medical advice from Dean of KEM indicating that She was NOT in COMA.


Second it was noted by court that KEM staff wanted to continue taking care of Aruna.


As you can see it was KEM's view that led to court turning down the case for Euthanasia.
What i was saying was purely academic from a Human suffering point of view (the one Pinki Viranai put forward to court). The soul had suffered a lot and while there were people (dedicate ones) that took care of her, i don't know if she was in any pain. In these circumstances an equally opposing view (euthanasia) might hold ground.
but in the end (as court's verdict said), the question of ending a human life knowingly can only be answered by two people, the person him/herself or the ones taking care in surrogacy.

PS all quotes from the original judgement.

Euthanasia is deliberate intervention to cause death (I'm aware of the case). Dangerous territory in India. Regardless of the merits of this case, that is territory best not opened & the SC has done just that whatever the reasons given.

Read my post again.
I said it can be reopened, but thats not gonna help.

Point of re-opening? What is the use of tracing that person? 42 years have gone by, he has served some time, even if inadequate. What possible benefit would be served by tracking that person now?

 

[anant_s]

Euthanasia is deliberate intervention to cause death (I'm aware of the case). Dangerous territory in India. Regardless of the merits of this case, that is territory best not opened & the SC has done just that whatever the reasons given.

I agree with the fact that once SC agrees to a case it become a precedence for future and as you said above our already straining medical and legal investigation system might not be in a position to decide each case of merit, leaving a way for misuse especially in cases where person involved might not be in a condition to decide for his/her own good.

 

[Levina]

Point of re-opening? What is the use of tracing that person? 42 years have gone by, he has served some time, even if inadequate. What possible benefit would be served by tracking that person now?

How hard is that to guess?

 

[Bang Galore]

How hard is that to guess?

Hard. I have no idea what you are thinking & how extreme or not that thinking is. It's been 42 years. That ward boy too is now in his mid 60's, probably has a family, no real point in behaving as if life is a Times Now or NewsX show. The very fact that you have these feelings now is a sign of how we get caught in these emotional coaster-rides. That women has been "dead" for a long time, just that the body finally ran out of steam now.