Citizens' Issues
Passive euthanasia not enough, say activists
Although the Supreme Court had rejected a plea for euthanasia filed by Aruna Shanbaug's friend, journalist Pinki Virani in 2011, it passed a landmark judgment allowing passive euthanasia with safeguards
 
The death on Monday of Aruna Shanbaug, the nurse who lived in a vegetative state in a Mumbai hospital for 42 long years, has renewed the debate on euthanasia, with some demanding that the judiciary and the government should engage on the issue proactively.
 
Although the Supreme Court had rejected a plea for euthanasia filed by Aruna Shanbaug's friend, journalist Pinki Virani in 2011, it passed a landmark judgment allowing passive euthanasia with safeguards.
 
Virani told IANS India needs a comprehensive debate on the issue.
 
"There is not enough legal literacy in India. The court has allowed passive euthanasia for special cases. It is possible in three scenarios -- if the patient is brain dead, or is in a persistent vegetative state, or on ventilator support," she said.
 
"Aruna Shanbaug, all her life, never received justice, right from the night she was brutally raped," she added.
 
The apex court had ruled that the passive euthanasia would require the permission of the high court which should ensure that the decision was in the patient's best interest. It also needed the opinion of three doctors who had examined the patient.
 
Although passive euthanasia is yet to become a law, the apex court on July 16 last year reopened the debate when it issued notice to all states seeking their views on whether a terminally ill person can execute a 'living will' that his or her life support system be withdrawn if he or she reaches a vegetative state with no hope of revival. 
 
"Living will is a declaration made by a person in the event of deteriorating health conditions or terminal illness. It could be presented to a doctor. It is a document in which the person states his/her wish to end life if normal life is not possible," Swapna Jha, a lawyer for NGO Common Cause, told IANS.
 
The apex court acted on a petition filed by Common Cause seeking voluntary passive euthanasia, including withdrawal of life support system to a terminally ill person and stopping medication.
 
Lawyer Rebecca John said Shanbaug's was an extreme case of injustice, and there was a need for a robust debate on the right to euthanasia.
 
"Aruna's issue was not resolved legally. It is far deeper than what it looks like. You cannot allow a person to live like a vegetable for so many years," John told IANS. 
 
She said passive euthanasia was not an answer to the issue.
 
"The idea of passive euthanasia is not practical in India. It is only skirting the actual problem. How many people will go for a living will while they are healthy? The court is only taking a short cut by allowing passive euthanasia," John added.

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COMMENTS

MOHAN SIROYA

2 years ago

Since time immemorial, we are taught that our world liberally showers respects and honours only when the person is dead. This also applies to the case of the brave heart nurse Aruna Shanbaug.
No doubt we are happy that after she is no more, honours, awards and memorials galore for her not only in Mumbai but in other States too ( Madhya Pradesh announced an award of Rs. 1 lakh). I only wish that when she was alive , had a part of this accolade was seen by her ,perhaps she would have had a stronger will to recover or live longer.

Odisha court directs auction of chit fund firm properties

The court in Cuttack asked the concerned officials of the state government to confiscate and sell the seized properties of the chit fund company

 

A court in Odisha on Monday directed the state government to sell the attached properties of chit fund firm Safex Infra India through public auction and distribute the sale proceeds among the depositors equitably.
 
The court in Cuttack asked the concerned officials of the state government to confiscate and sell the seized properties of the chit fund company.
 
In its order, the court told the government to confiscate about 14 acres of land and bank deposits over Rs.5 lakh and distribute them among the depositors.
 
The company was operating from Berhampur in Ganjam district.
 
The Economic Offences Wing (EOW) of the Crime Branch in January this year sought permission from the finance department for liquidation of the assets of Safex Infra for refund of money to duped investors as per the provisions of the Odisha Protection of Interests of Depositors (in Financial Establishments) Act, 2011.
 
The Crime Branch raided offices of the chit fund company in Berhampur, Chhatrapur and Bhubaneswar in 2012 following allegations by depositors that the firm had cheated them of around Rs.10 crore on the promise of high returns.
 
Police then arrested six company officials for allegedly cheating people in the state.
 

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SC suspends HC order for details of withdrawn criminal cases
The Supreme Court Monday put on hold the Allahabad High Court order asking the Uttar Pradesh government to disclose in how many criminal cases it has withdrawn prosecution against an accused even though the trial is pending against them.
 
A vacation bench of Justice A.K. Sikri and Justice Uday Umesh Lalit put on hold the high court order and issued notice to Ram Naresh Yadav (not the Madhya Pradesh governor) and another person.
 
The high court order came during the hearing on Yadav's plea that either the case against him for breach of trust as ordered by the state government be withdrawn or the trial expedited. 
 
The apex court observed that the high court order "may be to send message to subordinate court not to accept the withdrawal of prosecution report (by the state) routinely". Uttar Pradesh's Advocate General Vijay Bahadur Singh assailed the high court order that said in a large number of cases decisions are being taken in a "rampant discreet manner and the cases are being withdrawn against a particular class of persons throughout the state".
 
The court also agreed that "digging" all the cases of past two years where the government had withdrawn prosecution was a "mammoth" task as Singh argued that the high court had passed an order when there were no pleadings before it to that effect. 
 
The advocate general, assisted by Ravi P. Mehrotra and S. A. Murtaza, told the apex court that the high court took an "interesting" stand and "made an incorrect observation that cases against a class of persons were being withdrawn under Section 321 of Cr.PC when the same was not even pleaded in the petition before it" by Yadav. 
 
As per Section 321 of the Criminal Procedure Code in respect of Uttar Pradesh, "the public prosecutor or assistant public prosecutor on the written permission of the state government to that effect, with the consent of the court at any time before the judgment is pronounced, withdraw from the prosecution of any person either generally or in respect of any one or more of the offences for which he is tried". 
 
While dealing with Yadav's petition, the high court had said that the decision to withdraw the case showed "a clear cut prima facie partisan stand in the favour of the accused and that too taking into confidence the complainant".
 
The high court had directed the Uttar Pradesh government to file an affidavit placing on record "as to in how many matters, in the past two years, such decisions have been taken and what are the consideration on which such decisions have been taken". 

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COMMENTS

manoharlalsharma

2 years ago

SC suspends HC order for details of withdrawn criminal cases/ it it acknowledge cases which r admitted and capt aside (MARITLESS)r to be eliminated than it's O.K 4 A Common man./ A Case of GROSS CONCPIRACY to grab benefits from additional F.S.I./ 2.5 being awarded as redevelopment plan of the society. Epic started since 1996 with the taking over possession of the residential flat by respective individuals from developers.

Honorable Shree Devendra Dhadvnis ;
(A) Assassination of democracy by abetting basic membership of 316 out of 454 and then ruling by a minority MC with poor maintenance under following dictates & without proper elections till date.
(1) ‘BONDING TO VOTE ONLY FOR N.C.P.’
(2) Priority to admit only to ‘MAHARASRIANS’’ as members and
(3) Instituted for extort cash premium in the name of ‘DADAR BHAJIPALA VYAPARI MITRA MANDLE’S’ recommendation letter to favor membership of Society. (Attached-A/page-1)

(B) As per allotment letter ‘CIDCO ; MM ; MKTG ; / 505 dated 21/12/1992’ addressed as Shri Ganesh Co-Operative Housing Society, and C/O Postal address as Dadar vegetable Merchants Mitra Mandle, Krantisingh Nana patil Mandle, DADAR ,Bombay-28 becomes immediate after getting Occupancy latter from CIDCO addressee becomes by law of the society (Attached-B/ Pages 2)
(C) We would like to bring your notice as Administrative lapses or Nexus between CIDCO & Promoters about a PIL/474/1996 filled by one of the contestant for challenged primary membership of the society based on letter issued from the State Government No-1093-3112-14C dated 6th /February/1993 to the registrars to Register only five societies as to provide residential facility for shifting members of A.P.M.C. and being reply filled by CIDCO to Mumbai HC dated ; 19/November/1996 as Exhibit-E page No-5, and Page No-6, as detailed list of allotted plots to APMC admits at No-6 as Shri Ganesh Co-Operative Housing Society a question to said allotment of 1992 as a ‘General Category’ plot how can be implanted as APMC in the year 1993? (Attached Extracted-C/2 Pages)



(D) Evan after having fully acknowledge CIDCO do not corrected itself and replied following two contradictory R.T.I. replies. (A) Dated 03/11/2009 No. CIDCO/M(TS/EO (I)/496 &
(B) Dated 30/10/2013 No. CIDCO/EMS/RTI/Gen/2013/1151

(Read as R.T.I. reply - The transfer of ‘RIGHT IN THE CAPITAL PROPERTY’ is freed from A.P.M.C. category and no need to be the member of A.P.M.C., only to bring N.O.C. from the concerned housing Society Committee , but category of the plot is not changed.)

(E) The story do not stop here the story further goes to Joint Registrars/CBD in the year of 1999 on the basis of audit report found enormous discrepancies order issued to appointment of an Administrator and society committee approaches to turn down the order to then Co-Operative minister (Babashaheb Kepekarjee) then again we admitted WP-4481/2001 at HC/Mumbai and on the basis of the order State Authorities issued a final order No. RVA 2702/CR-208/15-C, Date-25/08/2003) but abusing State Authorities society committee filled a afresh meritless WP-8508/2003 as to get order ‘STAY’ and acclaims , the society as to granted of a stay from HC but business of issuing of SOCIETY NO OBJACTION is going on is a clear COURT CONTEMPT.

(F) Masterminded by only one of society Promoter staked and attitude like LAND-LORD and stays in the Society itself with controlling as Chairperson and detecting to the Managing Committee as bonded labor and society made like a labor-camp.

We therefore (316 families) requesting your urgent intervention in to the serious matter as it intend to restrain the ‘State Government Authorities’ to Audit & Investigate and to continue uninterrupted Malpractices since 1996 till-date.

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