CJI Chandrachud Cites Aruna Shanbaug Case While Addressing Kolkata Doctor’s Rape-Murder; Calls For Urgent Reforms

During the hearing of the Kolkata doctor’s tragic rape and murder case, Chief Justice of India DY Chandrachud drew a chilling parallel to the infamous 1973 Aruna Shanbaug incident, highlighting the persistent and brutal violence faced by women in the medical profession. CJI Chandrachud emphasized that ingrained patriarchal biases have made women doctors particularly vulnerable to such attacks, stressing that as more women enter the workforce, the country must not wait for another horrific incident before enacting real change.

The Aruna Shanbaug case is one of the most harrowing examples of violence against medical professionals within the confines of a hospital, a case that ultimately became a focal point in the national debate over euthanasia, or mercy killing.

The Aruna Shanbaug Case: A Tragic Tale of Brutality

Aruna Shanbaug was a 25-year-old nurse working at KEM Hospital in Mumbai, where she had been employed since 1967 in the surgery department. She was engaged to Dr. Sundeep Sardesai, a colleague at the same hospital, and the couple planned to marry in early 1974. However, on the night of November 27, 1973, Aruna’s life took a devastating turn when she was brutally attacked by a ward attendant named Sohanlal Bharta Walmiki.

Walmiki, who harbored a grudge against Aruna for threatening to report him for stealing food meant for dogs used in medical experiments, sexually assaulted her and then strangled her with a dog chain. The attack left Aruna with severe brain damage, plunging her into a persistent vegetative state (PVS), from which she would never recover. Aruna remained in this state for 42 years, until her death in 2015, unable to speak or move and entirely dependent on the care of the hospital staff.

The assault left her with irreversible damage to her brain stem, rendering her paralyzed and incapable of even the most basic functions. For over four decades, Aruna was kept alive through force-feeding by generations of KEM Hospital staff, who cared for her with extraordinary dedication and affection, treating her as if she were a member of their own family.

The Legal Battle Over Euthanasia

Aruna’s tragic plight gained national attention when journalist Pinki Virani filed a petition in the Supreme Court in 2011, seeking permission for euthanasia to allow Aruna to die with dignity. Pinki Virani’s book, Aruna’s Story, details the harrowing circumstances that led to Aruna’s condition and the legal struggle that ensued.

In her petition, Ms. Virani argued that Aruna, being in a state where she could no longer experience life in any meaningful way, should be granted the right to die peacefully. This case was pivotal in bringing the issue of euthanasia to the forefront of public discourse in India.

On March 7, 2011, the Supreme Court delivered a landmark judgment, rejecting the plea for active euthanasia but recognizing the legality of “passive euthanasia.” The court ruled that since Aruna was not brain dead and exhibited some response to stimuli, as observed by the hospital staff, active euthanasia could not be permitted. However, the court allowed for the withdrawal of life support under certain conditions, paving the way for passive euthanasia in cases where patients are in a vegetative state.

The judgment stated that life support could be legally withdrawn if the request came from close family members or caretakers and was sanctioned by the courts, thus setting a precedent for future cases.

Death and Aftermath

Aruna Shanbaug passed away on May 18, 2015, after contracting pneumonia, marking the end of her 42-year-long battle in a vegetative state. The case left a profound impact on the national consciousness, prompting debates on patient rights, euthanasia, and the safety of medical professionals.

Shockingly, Aruna’s attacker, Sohanlal Bharta Walmiki, was convicted only of robbery and attempted murder, as “sodomy” was not recognized as rape under Indian law at the time. He served a mere seven-year sentence and was released in 1980, a fact that remains a grim reminder of the gaps in legal protections for victims of such heinous crimes.

CJI Chandrachud’s Call for Change

Referencing the Aruna Shanbaug case, CJI Chandrachud underscored the urgent need for reforms to protect women in the medical profession from similar atrocities. He pointed out that the deeply entrenched patriarchal attitudes continue to make women, especially those in healthcare, more susceptible to violence. As more women join the workforce, the country must act swiftly to ensure their safety and dignity, rather than waiting for another tragedy to spur change.