Aruna Shanbaug and the Evolution of Medico-Legal Ethics in India: A Forensic and Jurisprudential Reappraisal
摘要
The case of Aruna Shanbaug, a young nurse rendered permanently unconscious following a violent assault in 1973, stands as a defining moment in India’s medico-legal and ethical history. Over four decades of institutional care without legal guardianship, reassessment, or advance directive brought to light the systemic gaps in forensic investigation, sexual violence prosecution, and end-of-life jurisprudence. This essay undertakes a critical analysis of the forensic failures surrounding the assault, the narrow legal definitions that denied justice, and the prolonged absence of ethical oversight in Shanbaug’s custodial management. It further explores the Supreme Court’s 2011 judgment on passive euthanasia, which - though denying the specific plea - laid the groundwork for constitutional recognition of the right to die with dignity. By drawing comparisons with international cases such as Terri Schiavo (USA) and Tony Bland (UK), the essay situates the Indian experience within a global discourse on bioethics, autonomy, and medical futility. It also charts the post-2011 evolution of Indian medico-legal frameworks, including the recognition of advance directives, reforms in sexual violence law, and the institutionalization of ethical review in clinical practice. Through this multidisciplinary reappraisal, the essay argues that the Shanbaug case was both a consequence of systemic inaction and a catalyst for enduring reform in law, medicine, and ethics in India.