The purpose of the law is not to prevent a future offence, but to punish the one actually committed.
Ayn Rand, writer
Aruna Shanbaug will live. And so will the crime committed against her.
On Monday, the Supreme Court, speaking a lot of sense, ruled against the mercy killing of the KEM Hospital nurse who was brutally raped and assaulted by a ward boy, Sohanlal Valmiki, in November 1973. The attack left Aruna in a vegetative state, semi-comatose, unable to control her body and with irreversible brain damage.
The court rightly said that allowing euthanasia without a regulatory framework is dangerous. Who should have the power to take such a decision? And under what circumstances? This needs to be debated thoroughly, since the potential for misuse is great.
But, to me, this is not the most striking aspect of Aruna’s case.
What shocks me is that a legal system that brings so much maturity to the debate on euthanasia can allow Aruna’s assailant to avoid conviction for rape.
Shocking as it may sound, Valmiki was only convicted of attempt to murder and robbing Aruna of her earrings.
Hindustan Times reporters tell me that Valmiki got away because he sodomised Aruna. You can only be convicted of rape if there is vaginal penetration. As if forced sodomy is not rape!
Valmiki didn’t stop there. After his brutal sexual assault, he wrapped a dog chain around Aruna’s neck and tried to strangle her. He then simply walked away.
Valmiki was arrested the next day and eventually served a mere seven years in jail. An innocent Aruna is still paying the price.
Undoubtedly, we need a debate on euthanasia, its social and legal implications. But we also need a debate on a justice system that allows an offender like Valmiki to serve a few years in jail while his victim serves out a life sentence of sorts.
***
I am not anti-euthanasia, but merely against it in the absence of a regulatory framework.
India could learn from the experiences of countries that have legalised euthanasia, passive and active.
Passive euthanasia entails withholding treatment or life support to the terminally ill or permanently comatose patients. Active euthanasia involves the use of lethal substances to end a patient’s life.
Albania, Belgium, the Netherlands, Luxembourg and Switzerland have legalised passive euthanasia and have a regulatory framework that is strictly enforced. The preconditions range from at least three close family members consenting to it to the terminally ill mentioning it in their will or providing an advance directive. In some cases, the patient must play an active role in the administering of lethal drugs.
However, I wonder whether India is ready for it. The government’s argument against allowing euthanasia was that “we are an emotional country”, implying that we have not evolved enough socially for the introduction of a law permitting mercy killing. And many agree.
We haven’t heard the last of this.
Ashraf Engineer
Shashi said,
March 8, 2011 at 6:03 am
Very valid point, Ashraf. My blood boils when I think of that man getting away like that. The person who needs to die a slow — or quick — death is that animal Valmiki. And I see precious little debate on that.
abhishek said,
March 8, 2011 at 9:29 am
I agree, we definitely need a regulatory framework. But about this case in particular, I think the SC even if they did not have ‘emotions’ driving them, they were too scared to set a precedent. And a precedent set on an issue like ‘euthanasia’, needs to be debated.
And in fact, this is petition filed by Aruna’s friend, she doesnt seem to have any close relatives. And the KEM hospital staff, taking care of her, have clearly expressed their wish that Aruna Shanbaug should be allowed to live.
So this issue needs serious debate.
But yes, at the same time a precedent should be set with the charges of ‘sodomy’, not amounting to rape.
manjula said,
March 10, 2011 at 4:24 pm
I think the one who assaulted her needs to be given active euthanasia.
Ashraf Engineer said,
March 10, 2011 at 4:30 pm
I couldn’t agree more.
Namit Gupta said,
March 13, 2011 at 6:49 am
Very well written, Ashraf. You will be shocked to know that Valmiki didn’t just get away with a mere seven years in prison, but was also able to land a job after he came out at a noted government hospital in New Delhi. We might just as well have laughed in the judge’s face.
Ashraf Engineer said,
March 14, 2011 at 8:55 am
Thanks, Namit. And I couldn’t agree more.
Mitali Kalyanpur said,
July 19, 2011 at 9:58 am
Very well written, Ashraf. I agree with Abhishek that the court is probably hesitant to set a precedent by allowing euthanasia. There are several Valmikis out there. For people like him, I wish we had the ‘justice system’ that the Taliban follows.
Ashraf Engineer said,
July 19, 2011 at 12:03 pm
Thanks, Mitali.