Question

Followed by Aruna Shanbhag rape incident, a new type of right came into limelight.

• A. Right against physical assault
• B. Right to survive
• C. Right to die
• D. Right to health

Hint:

The Aruna Shanbhag case is a landmark judgment in Indian legal history, establishing the 'Right to survive' as a key aspect of human rights.

Answer 1

The Correct Option is B

Following the Aruna Shanbhag case, the 'Right to survive' became a significant legal issue in India. The case raised questions about the right of individuals in a persistent vegetative state to be allowed to die, establishing the importance of the right to live with dignity.

Answer 2

The correct answer is Right to Survive, which came into limelight following the tragic Aruna Shanbhag rape incident.

Background:
Aruna Shanbhag was a nurse at King Edward Memorial (KEM) Hospital in Mumbai. In 1973, she was brutally assaulted and raped by a ward boy, which left her in a persistent vegetative state (PVS) for over four decades. She remained in this condition until her death in 2015.

The incident became a focal point in India’s legal and ethical debates on euthanasia, patient rights, and the dignity of life. A petition was filed in the Supreme Court in 2011 seeking permission for passive euthanasia (withdrawal of life support), which brought attention to the Right to Die with Dignity under the broader framework of Right to Life (Article 21) of the Constitution.

However, while the petition sought permission to allow Aruna to die, it also highlighted the crucial and often overlooked Right to Survive with dignity. The case triggered nationwide discussions on the rights of individuals in similar conditions to be cared for, protected, and not merely kept alive, but to live with dignity.

Legal Outcome:
- In 2011, the Supreme Court allowed passive euthanasia in principle but rejected the specific plea in Aruna’s case.
- The judgment opened the door for recognizing the Right to Die with Dignity as a component of Article 21.
- It also reinforced that Right to Survive must include humane treatment and protection from prolonged suffering.

Conclusion:
Following the Aruna Shanbhag rape incident, the Right to Survive — interpreted as the right to live with dignity and humane care — gained prominence in legal and social discourse in India.